The Control of Misleading Advertisements (Amendment) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive No. 97/55/EC (OJ No. L290, 23.10.97 p. 18) which amends Directive 84/450/EEC (OJ No. L250, 19.9.1985 p. 17) concerning misleading advertising so as to include comparative advertising. These Regulations amend the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915) (“the principal Regulations”) by adding provisions dealing with “comparative advertisements” to the regime governing “ misleading advertisements” set out in the principal Regulations.

A “comparative advertisement” is defined as being an advertisement which either implicitly or explicitly identifies a competitor or goods or services offered by a competitor (regulation 3(4)). A comparative advertisement is permitted only when the conditions set out in regulation 4A are met.

The provisions of the principal Regulations which require the Director General of Fair Trading to consider complaints (other than frivolous or vexatious ones) about misleading advertisements are extended to apply to complaints concerning comparative advertisements. Similarly the provisions empowering the Director to bring proceedings for an injunction to prevent the publication or continued publication of an advertisement is extended in relation to a comparative advertisement which he considers is not permitted under Regulation 4A.

The duties of the Commission, the Radio Authority and Welsh Authority in relation to misleading advertisements are extended to apply to comparative advertisements.

A Regulatory Impact Assessment of the costs and benefits which will result from these Regulations has been prepared. Copies have been placed in the libraries of both Houses of Parliament and can also be obtained from the Consumer Affairs Directorate, Room 464, 1 Victoria Street, London SW1H 0ET.