28 Misleading advertising

28 Misleading advertising

The relevant mandatory rules are contained in the Control of Misleading Advertisements Regulations 19881. These Regulations were introduced to give effect to Council Directive (EEC) 84/450 relating to misleading advertising2. The 1988 Regulations impose a duty on the Office of Fair Trading (‘OFT’) to consider complaints made to the OFT that an advertisement is misleading, unless the complaint appears to be vexatious or frivolous3. However, the OFT has no power to investigate any complaint that can be dealt with by the Office of Communications4 (‘Ofcom’).

An advertisement is defined as misleading if it in any way (including its

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