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.