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Trade Descriptions

 

This Act requires all descriptions of goods and services, given in the course of a trade or business, to be accurate, whether given verbally, in writing, by illustration or by implication. Written descriptions covered would include those stated on orders, invoices, advertisements and brochures, or on the packaging.

Descriptions of goods
The Act makes it an offence to:

Apply a false or misleading description to goods (e.g. by writing it down, making verbal statements or turning back a car odometer); or

Supply or offer to supply goods to which a false or misleading trade description is applied.

A description of goods is an indication as to:

  • quantity, size or gauge;
  • method manufacture, production, processing or re-conditioning;
  • composition
  • fitness for purpose, strength, performance, behaviour or accuracy;
  • any physical characteristics not included in the preceding paragraphs;
  • testing by any person and results thereof;
  • approval by any person or conformity with a type approved by any person;
  • place or date of manufacture, production, processing or re-conditioning;
  • person by whom manufactured, produced, processed or re-conditioned;
  • other history, including previous ownership or use.   

Descriptions of services etc
The Act also makes it an offence to:

Make a statement which is known to be false or misleading; or

Make a statement recklessly which is false or misleading  in relation to any of the following:

  • the provision of services, accommodation or facilities; or
  • the nature of any services, accommodation or facilities provided; or
  • the time at which, manner in which or persons by whom any services, accommodation or facilities are provided; or
  • the examination, approval or evaluation by any person of any services, accommodation or facilities so provided; or
  • the location or amenities of any accommodation so provided.   

Other claims
The Act makes it an offence to make false claims that goods or services supplied:

  • are of a kind supplied to or approved by the Queen or any member of the Royal Family; or
  • are of a kind supplied to any other named person or company.   

The unauthorised use of any emblem signifying the Queen’s Award to Industry or anything which closely resembles such an emblem is also an offence.

Defences and disclaimers
A defence is available to counter any alleged offence i.e. that all reasonable precautions were taken and all due diligence was exercised. This would require a system to ensure descriptions were checked for accuracy and evidence that the system was being used.

More detailed guidance on "due diligence" defences is found in the Trading Standards leaflet: "Ensuring Compliance with Trading Standards Law".

It may be possible to disclaim a description but any disclaimer must be in bold, precise form and as compelling as the original description. However, if you apply a description yourself to goods e.g. verbally describing the goods, or writing a description down or altering the goods to make them look different, then a subsequent disclaimer will not protect you.

This leaflet has been prepared for the guidance of traders. It is necessarily worded in a general way and cannot cover every circumstance. It is not an authoritative interpretation of the law.

For further advice contact:

Pen Icon Trading Standards, Palmyra House, Palmyra Square North, Warrington. WA1 1JN.
Telephone Icon 01925 442678  Fax Icon 01925 442655  Email Icon tradingstandards@warrington.gov.uk