UK Statutory Instrument SI 2008 United Kingdom

Business Protection from Misleading Marketing Regulations 2008

These Regulations implement Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising (OJ No L376 27.12.2006, p 21) (“the Directive”). The Directive replaces Council Directive 84/450/EEC concerning misleading and comparative advertising (OJ No L250 19.9.84, p 17) and codifies the amendments made to that …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
CMA, Ofgem, Trading Standards
Status
In Force
Penalty ceiling
Imprisonment 4 of 10 obligations carry up to 2 years imprisonment. 6 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Trader2 Director or Officer1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Prohibition of advertising which misleads traders Imprisonment
  • Ensure business-to-business advertising is not misleadingTrader
s.004 Comparative advertising Regulated
  • Ensure comparative advertising is honest, objective, and fairTrader
s.005 Promotion of misleading advertising and comparative advertising which is not permitted Regulated
  • Do not promote misleading or prohibited comparative advertisingAny Person
s.007 Penalty for offence under regulation 6 Imprisonment
  • Engage in misleading business-to-business advertisingAny Person
s.008 Offences committed by bodies of persons Imprisonment
  • Personal liability for directors and officers for misleading marketingDirector or Officer
s.009 Offence due to the default of another person Imprisonment
  • Causes another business to commit a misleading marketing offenceAny Person
s.013 Duty and power to enforce Regulated
Other duties (1) — Crown / regulator
  • Trading Standards and the CMA must enforce marketing regulationsLocal authority
s.014 Notice to CMA of intended prosecution Regulated
Other duties (1) — Crown / regulator
  • Trading Standards must notify the CMA before prosecuting for misleading adsLocal authority
s.019 Notifications of undertakings and orders to the CMA Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must notify the CMA of legal actions and undertakingsStatutory regulator
s.020 Publication, information and advice Regulated
Other duties (1) — Crown / regulator
  • CMA and enforcement authorities must publish case details and guidanceStatutory regulator
19 other provisions
s.001 Citation and Commencement
s.002 Interpretation
s.006 Misleading advertising
s.010 Time limit for prosecution
s.011 Due diligence defence
s.012 Innocent publication defence
s.015 Injunctions to secure compliance with the Regulations
s.016 Undertakings
s.017 Co-ordination
s.018 Powers of the court
s.021 Powers of Enforcement Authorities to obtain information
s.022 Power to make test purchases
s.023 Power of entry and investigation, etc.
s.024 Power to enter premises with a warrant
s.025 Obstruction of authorised officers
s.026 Notice of test and intended proceedings
s.027 Compensation
s.028 Crown
s.029 Validity of agreements

Help complying

Guvnor’s practical routes through this instrument.

Run a retail business

Ongoing compliance and operational guidance for established retail businesses
4 more guides that reference this instrument
Advertising and market research compliance checklist Comply with Trading Standards and Consumer Rights Meet your advertising and market research regulatory duties Which advertising and market research regulations apply to your business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.