Trade Descriptions
The Trade Descriptions Act 1968 was an important milestone in consumer law as it increased the duties of local authorities beyond the responsibilities of weights and measures.
It is an offence to give a false or misleading description of goods for sale. The offence is committed whether the trader knows that the goods are falsely described or not.
Property
It is an offence to give a false or misleading description for a property for sale. Specific law to property descriptions exist that define statements to be used – e.g. distance from amenities.
Hallmarking
Most items made from gold, silver or platinum must bear a hallmark. It is a criminal offence to alter a hallmark. Retailers must also display the hallmarking notice which provides information to consumers as to the hallmarks used.
Second-Hand cars
One particular problem is the mileometer reading on a second-hand car. Traders can display a notice known as a disclaimer, but this must be in a prominent position – saying the mileage is not to be relied on.
In addition, it is an offence to give a false or misleading description of any service being provided, although in this case the offence is only committed if the trader knows, or does not care, that the statements made are misleading. An example of a false description of services might be a statement in a holiday brochure that a particular hotel has a swimming pool, when in fact it does not, and no such facility has ever existed.
Professional Memberships
Traders using professional titles or making claims of membership to a trade association without the relevant qualifications may also be committing offences.
If you are a consumer and wish to make an enquiry or complaint about whether goods or services were accurately described please see our Advice to consumers webpage for further information.
If you are a business and want to check out some specific advice for describing goods or services see our Advice to traders pages.
Further advice from the Trading Standards Institute is found below (the external website will open in new window):
A guide for retailers on Footwear Labelling
A guide for business on textile labelling
Information for estate agents - property descriptions
Trade Associations and Regulatory Bodies - Listing
