The Trade Descriptions Act 1968

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The Trade Descriptions Act 1968

The Trade Descriptions Act 1968 came into effect on 30 November 1968.

It replaced and expanded the old Merchandise Marks laws dealing with

mis-description of goods in general and its particular job is to

ensure, as far as possible, that people tell the truth about goods,

prices and services.

This Act makes it an offence if a trader -

a. Applies a false trade description to any goods; or

b. Supplies or offers to supply any goods to which a false trade

description is applied; or

c. Makes certain kinds of false statement about the provision of any

services, accommodation or

False Trade Description

For the purposes of this Act a trade description is an indication as

to any one of a number of matters listed in the Act. The quantity,

size or gauge of goods ('this bedspread is 70"x 90"). How they were

made or processed ('hand-sewn'). What they are made of ('solid

brass'). Their fitness for purpose, strength, performance, behaviour

or accuracy ('unbreakable'). Any other physical characteristics which

they possess ('fitted with disc brakes'). A statement that the goods

have been tested or approved by any person ('this encyclopaedia has

been approved by your local education authority'). Where they were

made ('made in England'). When they were made ('18th century mirror').

Who made them ('Van Gogh painting'). Any other information about their

history ('reconditioned: Government surplus stock').

To be an offence the indication must be false to a material degree. It

is not enough for it just to contain a quite insignificant inaccuracy.

It must be applied to the goods in question, whether in writing or by

means of an illustration, symbol or other marking on the goods

themselves, on containers, labels, show cards, in advertisements, etc,

or in an oral statement.

False indications by a trader of Royal patronage or approval of his

goods or services are also covered by the Act. So are false

indications that goods or services are of a kind supplied to any

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