PART 2PROHIBITIONS
Prohibition of unfair commercial practices3
1
Unfair commercial practices are prohibited.
2
Paragraphs (3) and (4) set out the circumstances when a commercial practice is unfair.
3
A commercial practice is unfair if—
a
it contravenes the requirements of professional diligence; and
b
it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.
4
A commercial practice is unfair if—
a
it is a misleading action under the provisions of regulation 5;
b
it is a misleading omission under the provisions of regulation 6;
c
it is aggressive under the provisions of regulation 7; or
d
it is listed in Schedule 1.