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UK Statutory Instrument
2008
United Kingdom
Business Protection from Misleading Marketing Regulations 2008
At a glance
Enforced by
What's here
10 compliance obligations, 4 practical guides across 2 topics · 1 journey
Penalty landscape
4 of 10 obligations carry up to 2 years imprisonment. 6 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 3
- Trader 2
- Director or Officer 1
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Traders also bound by 219 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 952 duties
- TULRCA 1992 1992 39 duties
- Companies Act 2006 2006 39 duties
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 2013 39 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — DEFINITIONS AND PROHIBITIONS
Prohibition of advertising which misleads traders
2 years imprisonment- Ensure business-to-business advertising is not misleading Trader
Comparative advertising
- Ensure comparative advertising is honest, objective, and fair Trader
Promotion of misleading advertising and comparative advertising which is not permitted
- Do not promote misleading or prohibited comparative advertising Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Citation and Commencement
Interpretation
Part 2 — OFFENCES
Penalty for offence under regulation 6
2 years imprisonment- Engage in misleading business-to-business advertising Any Person
Offences committed by bodies of persons
2 years imprisonment- Personal liability for directors and officers for misleading marketing Director or Officer
Offence due to the default of another person
2 years imprisonment- Causes another business to commit a misleading marketing offence Any Person
Browse 4 other sections in this Part — procedural / definitional / commencement
Misleading advertising
Time limit for prosecution
Due diligence defence
Innocent publication defence
Part 3 — ENFORCEMENT
Duty and power to enforce
Other duties (1) — Crown / regulator
- Trading Standards and the CMA must enforce marketing regulations Local authority
Notice to CMA of intended prosecution
Other duties (1) — Crown / regulator
- Trading Standards must notify the CMA before prosecuting for misleading ads Local authority
Notifications of undertakings and orders to the CMA
Other duties (1) — Crown / regulator
- Enforcement authorities must notify the CMA of legal actions and undertakings Statutory regulator
Publication, information and advice
Other duties (1) — Crown / regulator
- CMA and enforcement authorities must publish case details and guidance Statutory regulator
Browse 4 other sections in this Part — procedural / definitional / commencement
Injunctions to secure compliance with the Regulations
Undertakings
Co-ordination
Powers of the court
Part 4 — INVESTIGATION POWERS
Browse 9 other sections in this Part — procedural / definitional / commencement
Powers of Enforcement Authorities to obtain information
Power to make test purchases
Power of entry and investigation, etc.
Power to enter premises with a warrant
Obstruction of authorised officers
Notice of test and intended proceedings
Compensation
Crown
Validity of agreements
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 29 other unclassified sections
Citation and Commencement
Interpretation
Prohibition of advertising which misleads traders
Comparative advertising
Promotion of misleading advertising and comparative advertising which is not permitted
Misleading advertising
Penalty for offence under regulation 6
Offences committed by bodies of persons
Offence due to the default of another person
Time limit for prosecution
Due diligence defence
Innocent publication defence
Duty and power to enforce
Notice to CMA of intended prosecution
Injunctions to secure compliance with the Regulations
Undertakings
Co-ordination
Powers of the court
Notifications of undertakings and orders to the CMA
Publication, information and advice
Powers of Enforcement Authorities to obtain information
Power to make test purchases
Power of entry and investigation, etc.
Power to enter premises with a warrant
Obstruction of authorised officers
Notice of test and intended proceedings
Compensation
Crown
Validity of agreements
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- CMA: consumer protection enforcement (opens in a new tab) Detailed Guidance
- ASA advertising codes (opens in a new tab) Detailed Guidance
- Direct marketing guidance (ICO) (opens in a new tab) from ICO Detailed Guidance
- Consumer Rights Act 2015 - Digital content rights (GOV.UK) (opens in a new tab) Publication
- Accepting returns and giving refunds (GOV.UK) (opens in a new tab) Detailed Guidance
- Product safety advice for businesses (opens in a new tab) Detailed Guidance
- Online and distance selling (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
CMA
PrimaryCompetition and Markets Authority
Promotes competitive markets and tackles unfair behaviour. Investigates mergers, enforces competition law, and has specific digital markets powers. Digital Markets Unit (DMU) …
Office of Gas and Electricity Markets
Regulates gas and electricity markets in Great Britain. Issues licences for generation, transmission, distribution, and supply. Protects consumers and promotes competition. Also …
Trading Standards (Local Authority)
Enforces consumer protection legislation including food labelling, weights and measures, product safety, and fair trading. Part of local authority structure. Investigates food …
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Regulators
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