The following TMT practice note provides comprehensive and up to date legal information covering:
This Practice Note summarises the law, guidance and practice relating to the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 (BPR 2008) which regulate business-to-business advertising in the UK. It explains misleading advertising, the rules affecting comparative advertising, the offences and due diligence defence within the context of BPR 2008. It draws comparisons with the Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.
The BPR 2008 came into force on 26 May 2008 and apply to all of the UK. They implement the Directive 2006/114/EC concerning misleading and comparative advertising, the Comparative Advertising Directive. The BPR 2008 focus on business-to-business behaviours. Small businesses are often in no better position to protect themselves from misleading sales and advertising practices than consumers are.
The Office of Fair Trading produced guidance on the BPR 2008 which has since been archived, but is still helpful to understanding the legal position. There is also guidance on the Business Companion website.
The BPR 2008 prohibit business-to-business advertising that is misleading. They also specify the conditions that comparative advertising should satisfy so that it is permissible.
Regulation 2 defines the following terms:
Advertising is defined very broadly to encompass any form of representation that is made in connection with business in order to promote the supply or transfer of a product.
An advertiser is anyone who makes such a
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