The Trade Descriptions Act 1968 is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

which prevents manufacturers,

retail Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesaler, and ...

ers or

service industry The tertiary sector of the economy, generally known as the service sector, is the third of the three economic sectors in the three-sector model (also known as the economic cycle). The others are the primary sector (raw materials) and the second ...

providers from misleading

consumer A consumer is a person or a group who intends to order, or uses purchased goods, products, or services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. ...

s as to what they are spending their money on. This law empowers the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

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. 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 The 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 specifications and particulars a crime In ordinary ...

Changes

The Act was in conflict with the EU

Unfair Commercial Practices Directive The Unfair Commercial Practices Directive 2005/29/ECOfficial Journal of the European Union, L149/22 – L149/39, 11 June 2005 regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to b ...

, which has been adopted in the UK and was implemented from April 2008. Although technically the Act itself remains in force, most of its specific provisions were repealed and superseded by the

Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 is a statutory instrument in the United Kingdom made under the European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptio ...

which came into force 26 May 2008, missing the EU deadline for implementation by 12 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).

External links

The Trade Descriptions Act 1968

Guidance Note on the Trade Descriptions Act
United Kingdom Acts of Parliament 1968 Consumer protection in the United Kingdom {{UK-statute-stub

Changes

See also

External links