Misstatements other than false trade descriptions

11False or misleading indications as to price of goods

(1)If any person offering to supply goods of any description gives, by whatever means, any false indication to the effect that the price at which the goods are offered is equal to or less than—

(a)a recommended price; or

(b)the price at which the goods or goods of the same description were previously offered by him ;

or is less than such a price by a specified amount, he shall, subject to the provisions of this Act, be guilty of an offence.

(2)If any person offering to supply any goods gives, by whatever means, any indication likely to be taken as an indication that the goods are being offered at a price less than that at which they are in fact being offered he shall, subject to the provisions of this Act, be guilty of an offence.

(3)For the purposes of this section—

(a)an indication that goods were previously offered at a higher price or at a particular price—

(i)shall be treated as an indication that they were so offered by the person giving the indication, unless it is expressly stated that they were so offered by others and it is not expressed or implied that they were, or might have been, so offered also by that person; and

(ii)shall be treated, unless the contrary is expressed, as an indication that they were so offered within the preceding six months for a continuous period of not less than twenty-eight days;

(b)an indication as to a recommended price—

(i)shall be treated, unless the contrary is expressed, as an indication that it is a price recommended by the manufacturer or producer; and

(ii)shall be treated, unless the contrary is expressed, as an indication that it is a price recommended generally for supply by retail in the area where the goods are offered;

(c)anything likely to be taken as an indication as to a recommended price or as to the price at which goods were previously offered shall be treated as such an indication; and

(d)a person advertising goods as available for supply shall be taken as offering to supply them.