Consumer Information Act, 1978

Extension of definitions of “trade description” and “false trade description” in Principal Act.

2.—(1) Section 3 (1) of the Principal Act is hereby amended by the substitution for the definition of “trade description” of the following definition:

“‘trade description’ means any description, statement or other indication, direct or indirect—

(a) as to the number, quantity, measure, gauge, capacity or weight of any goods, or

(b) as to the place or country in which any goods were manufactured, produced, processed, reconditioned, repaired, packed or prepared for sale, or

(c) as to the mode of manufacturing, producing, processing, reconditioning, repairing, packing or preparing for sale of any goods, or

(d) as to the person by whom and the time at which any goods were manufactured, produced, processed, reconditioned, repaired, packed or prepared for sale, or

(e) as to the material of which any goods are composed, or

(f) as to any goods being the subject of an existing patent, privilege or copyright, or

(g) as to the fitness for any purpose, strength, performance, behaviour or accuracy of any goods, or

(h) as to any physical characteristic of any goods not referred to in the preceding paragraphs of this definition, or

(i) as to the conformity of any goods with any standard or their passing of any test or their commendation by any person, or

(j) as to the identity of the supplier or distributor, or the standing, commercial importance, competence or capabilities of, the manufacturer, producer, supplier or distributor, of any goods, or

(k) as to the contents of books or as to their authors, as to the contents of cinematograph films (within the meaning of the Performers' Protection Act, 1968 ) or as to their producers or as to the contents of recordings (within the meaning of the Performers' Protection Act, 1968 ) or as to the performers on such recordings, or

(l) as to any history of any goods not referred to in the preceding paragraphs of this definition, including their previous ownership,

and the use of any figure, word or mark which, according to the custom of the trade is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act;”

(2) (a) The definition of “false trade description” in the said section 3 (1) shall be construed as if the references to false in a material respect were references to false to a material degree and included references to misleading to a material degree.

(b) In paragraph (a) of this subsection “misleading to a material degree” means likely to be taken for such an indication of any of the matters specified in the definition of “trade description” in the said section 3 (1) of the Principal Act as would be false to a material degree.

(c) Anything which, though not a trade description, is likely to be taken for an indication of any of the matters specified in the definition of “trade description” in the said section 3 (1) and, as such an indication, would be false in a material respect, shall be deemed to be a false trade description.

(d) A false indication or anything likely to be taken as an indication which would be false that any goods comply with a standard specified or recognised by any person or implied by the approval of any person shall be deemed to be a false trade description, if there is no such person or no standard so specified, recognised or implied.