Trades Description Act

In the UK legislation is similar to the USA involving various Acts of Parliament, e.g. Trade Description Act, Food Labelling Act, Weights and Measures Act. The last is covered by the Model State Packaging and Labelling Regulation first adopted in 1952 within the USA. 

The expression consumer protection, and with it the notion of consumer law, is of relatively recent vintage. It first found expression in the Final Report of the Committee on Consumer Protection (Cmnd 1781) 1962 , which led to the enactment of the Trade Descriptions Act in 1968. This latter can fairly be regarded as the starting point of the modern law of consumer protection. 

Where a consumer had been the victim of fraud or misrepresentation, the initiative lay entirely upon him to take remedial action. It was only with the advent of the Trade Descriptions Act that the criminal law came to the aid of the consumer in such cases. 

The main feature of the Trade Descriptions Act 1968, as its name implies, is to outlaw the use of false trade descriptions. Section 2 of the Act contains a comprehensive and exhaustive list of what constitutes a false trade description for the purposes of the Act. This list can be summarised as saying that any statement about goods which when made can be either true or false is a trade description. This has meant that the statement (made in relation to a bar of chocolate) that it was of extra value was not a trade description it was such a vague kind of claim that no one could say of it that it was true or false. 

The regulation of misleading pricing used to be the province of s. 11 of the Trade Descriptions Act and the Price Marking (Bargain Offers) Order... 

In addition, there is the Medicines Act, passed, like the Trade Descriptions Act, in 1968. This imposes strict and necessary controls on the manufacture and supply of medicinal products. In particular, most such products will need a product licence, while some products will be available only on prescription. 

Trade Descriptions Act 1968, HMSO, London Consumer Credit Act 1974, HMSO, London Consumer Protection Act 1987, HMSO, London... 

The penalties for breach of the Act depend on the coiut the case is brought in. Most cases are brought in magistrates coiuts where the penalty is a maximum fine of 5000. More serious cases are brought in the Crown Court where the penalty is a fine of any amoimt, a maximum sentence of two years, or a combination of both. In addition, the Powers of Criminal Courts Act 1973 empowers the court to award compensation to consumers affected by the breach of the Trade Descriptions Act. 

A due diligence defence on the lines of thaf set out in relation to the Trade Descriptions Act applies. 

Trade Descriptions Act 1968 118,119,120,141 Trade Union and Employment Rights Act 1993 94 Trade Union Reform and Employment Rights Act 1993 86 Transfer of Underfakings (Protection of Employment) Regulations 1981 94... 

One last, and very important, point. An offence is committed under this part of the Act regardless of the absence of any blame on the part of the person making the false trade description. Its falsity is enough to secure the commission of an offence. This makes the offence one known as a strict liability offence. 

The use of general descriptive names, trade names, trademarks, etc. in this publication, even if the former are not especially identified, is not to be taken as a sign that such names, as understood by the Trade Marks and Merchandise Marks Act, may acccording-ly be used freely by anyone. 

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