Trade Descriptions Act 1968
Encyclopedia
The Trade Descriptions 1968 is an Act
of the Parliament of the United Kingdom
which prevents manufacturers
, retailers
or service industry providers from misleading consumers
as to what they are spending their money on.
This law empowers the judiciary
to punish companies or individuals who make false claims about the products or services that they sell.
Applying a false trade description to goods is a strict liability
offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction.
Each product sold must be as described, of satisfactory quality, and fit for purpose. "As described" refers to any advert or verbal description made by the trader. "Satisfactory quality" covers minor and cosmetic defects as well as substantial deficiencies and means that products must last a reasonable time but does not give any rights if a fault was obvious or pointed out at the point of sale. "Fit for purpose" covers not only the obvious purpose of an item but also any purpose determined at the point of sale as a result of queries by the customer and assurances given by the trader.
False descriptions as to services require the more normal proof of mens rea (guilty intent).
The Act excludes matters relating to land and buildings, which are now dealt with under the provisions of the Property Misdescriptions Act 1991
.
As this is a maximum harmonisation
directive, the Trade Descriptions Act will be heavily amended or possibly repealed. See
DTI announcement
The relevant provisions are contained in the UK through Consumer Protection from Unfair Trade Regulations entry into force 26th May 2008; missing the EU deadline for implementation by 12th June 2007. The repeals and revocations for TDA 1968 are:
Trade Descriptions Act 1968 c.29 Sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which prevents manufacturers
Manufacturing
Manufacturing is the use of machines, tools and labor to produce goods for use or sale. The term may refer to a range of human activity, from handicraft to high tech, but is most commonly applied to industrial production, in which raw materials are transformed into finished goods on a large scale...
, retailers
Retail
Retail consists of the sale of physical goods or merchandise from a fixed location, such as a department store, boutique or kiosk, or by mail, in small or individual lots for direct consumption by the purchaser. Retailing may include subordinated services, such as delivery. Purchasers may be...
or service industry providers from misleading consumers
Consumer
Consumer is a broad label for any individuals or households that use goods generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary.-Economics and marketing:...
as to what they are spending their money on.
This law empowers the judiciary
Courts of the United Kingdom
The Courts of the United Kingdom are separated into three separate jurisidictions, the Courts of England and Wales, Courts of Scotland and the Courts of Northern Ireland, as the United Kingdom does not have a single unified judicial system....
to punish companies or individuals who make false claims about the products or services that they sell.
Applying a false trade description to goods is a strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction.
Each product sold must be as described, of satisfactory quality, and fit for purpose. "As described" refers to any advert or verbal description made by the trader. "Satisfactory quality" covers minor and cosmetic defects as well as substantial deficiencies and means that products must last a reasonable time but does not give any rights if a fault was obvious or pointed out at the point of sale. "Fit for purpose" covers not only the obvious purpose of an item but also any purpose determined at the point of sale as a result of queries by the customer and assurances given by the trader.
False descriptions as to services require the more normal proof of mens rea (guilty intent).
The Act excludes matters relating to land and buildings, which are now dealt with under the provisions of the Property Misdescriptions Act 1991
Property Misdescriptions Act 1991
Property Misdescriptions Act 1991 is an Act of Parliament of the United Kingdom of Great Britain and Northern Ireland which makes the misidentification of various aspects of a properties specifiations and particulars a crime.-External links:*...
.
Future changes
The Act will be in conflict with the EU Unfair Commercial Practices Directive, which has been adopted in the UK and will be implemented from April 2008.As this is a maximum harmonisation
Maximum harmonisation
Maximum harmonisation is a term used in European Union law.If a piece of law , is described as maximum harmonisation, that means that national law may not exceed the terms of the legislation...
directive, the Trade Descriptions Act will be heavily amended or possibly repealed. See
DTI announcement
The relevant provisions are contained in the UK through Consumer Protection from Unfair Trade Regulations entry into force 26th May 2008; missing the EU deadline for implementation by 12th June 2007. The repeals and revocations for TDA 1968 are:
Trade Descriptions Act 1968 c.29 Sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2).