Describing Goods and Services
The Trade Descriptions Act 1968 makes it an offence for a trader to apply, by any means, false or misleading statements, or to knowingly or recklessly make such statements about goods and/or services.
The Act carries criminal penalties and is enforced by local authorities' Trading Standards Officers.
Describing goods
Most goods are sold with a description of some sort - any description given in the course of business must be accurate and not misleading.
Descriptions can relate to most characteristics of goods, including:
- age or history
- quantity or size
- fitness for purpose
- method and place of manufacture
- composition
- approval or recommendation
A description can be given verbally, in writing, in advertisements, by illustration or by implication
Describing services
Any description given to services, accommodation or facilities should be accurate and not false or misleading.
A description, for the purposes of the legislation, may be any of the following:
- the provision of services, accommodation or facilities
- the nature of any services, accommodation or facilities provided
- the time at which, manner in which or persons by whom any services, accommodation or facilities are provided
- the examination, approval or evaluation by any person of any services, accommodation or facilities
- the location or amenities of any accommodation
A description can be given verbally, in writing, by illustration or by implication.
Further information
The Department for Business Enterprise and Regulatory Reform (BERR) have produced detailed guidance notes on the Trade Descriptions Act 1968. If you would like to access these notes, click on the link opposite.