Trade Descriptions Act 1968

Updated: Aug 20, 2021

This replaces the Merchandise Marks Acts 1887 and 1953. The Act contains various provisions prohibiting, inter alia, ‘misdescriptions of goods, services, accommodation and facilities provided in the course of trade’ and ‘false or misleading indications as to the price of goods’. A trade description may refer, inter alia, to quantity, size, gauge. History of ownership, fitness for purpose, performance, accuracy testing, approval by some other organization or authority, description may be attached to the goods in description may be attached to the goods in fact, by implication or may be contained in an advertisement. It may be in writing or oral. It is false if false to a material degree, or misleading. It is also an offence to imply royal approval without having it. Penalties or offences are (1) on summary conviction a fine and (2) on conviction on indictment a term of imprisonment in addition to a fine.

Reference: The Penguin Business Dictionary, 3rd edt.

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