Consumer Affairs Act (Cap. 378), article 51C

51C. A commercial practice shall be regarded as misleading if: (a) it contains false information; or (b) in any way, including its overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not have taken otherwise: (i) the existence or nature of the product; (ii) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complain t handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks CONSUMER AFF AIRS [CAP. 378. 47 carried out on the product; (iii) the extent of the trader’s commitments, the motives for the commercial practice and the nature of the sales pr ocess, any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or the product; (iv) the price or the manner in which the price is calculated, or the existence of a specific price advantage; (v) the need for a servi ce, part, replacement or repair; (vi) the nature, attributes and rights of the trader or his agent, such as his identity and assets, his qualifications, status, ap proval, affiliation or connection and ownership of industrial, commercial or intellectual property rights or his awards and distinctions; (vii) the consumer’s rights, including the right to repair, replacement or reimbursement as p r o v i d e d i n P a r t X o f t h e A c t , o r t h e r i s k s h e may face; or (c) in its factual context, takin g account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise, and it involves: (i) any marketing of a product, including comparative advertis ing, which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or (ii) non-compliance by the trader with commitments contained in codes of conduct by which the trader has undertaken to be bound, where - (a) the commitment is not aspirational but is firm and is capable of being verified, and (b) the trader indicates in a commercial practice that he is bound by the code; or (iii) any marketing of a good, in one Member State, as being identical to a good marketed in other Member States, while that good has significantly different composition or characteristics, unless justified by legitimate and objective factors. Misleading omissions. Added by: II. 2008.28. Amended by: VI. 2014.5; XIII.2022.7.