Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 51B
51B. (1) Unfair commercial practices shall be prohibited.
(2)
A commercial practice shall be unfair if:
(a) it is contrary to the requirements of professional
diligence, and
(b) it materially distorts or is likely to materially distort
the economic behaviour with regard to the product, of
the average consumer whom it reaches or to whom it is
addressed, or of the average member of the group
when a commercial practice is directed to a particular
group of consumers:
Provided that, other than the advertising practice of
making exaggerated statements or statements which
are not meant to be taken literally, commercial
practices which are likely to materially distort the
economic behaviour only of a clearly identifiable
group of consumers who are particularly vulnerable to
the practice or the underlying product because of their
mental or physical infirmity, age or credulity in a way
which the trader could reasonably be expected to
foresee, shall be assessed from the perspective of the
average member of that group.
(3) In particular, a commercial practice shall be unfair if it is
misleading in terms of articles 51C and 51D, or aggressive in terms
of article 51E.
(4) Those commercial practices listed in the First Schedule
shall in all circumstances be regarded as unfair.
Misleading
actions.
Added by:
II. 2008.28.
Amended by:
XIII.2022.6.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.