Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part II · Misleading and Deceptive Conduct, False Representation and Unfair Practice
18. Presumption of liability for advertisement
Feedback & supportWhere the conduct or representation in relation to any goods or services is made or published in an advertisement, the advertisement shall be deemed to have been made by—
goods
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
the person who directly or indirectly claims to supply the goods or services;
services
“services” includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service;
the person on whose behalf the advertisement is made;
advertisement
“advertisement” includes every form of advertisement, whether or not accompanied by or in association with spoken or written words or other writing or sounds and whether or not contained or issued in a publication, and includes advertisement— (a) by the display of notices; (b) by means of catalogues, price lists, circulars, labels, cards or other documents or materials; (c) by the exhibition of films or of pictures or photographs; or (d) by means of radio, television, telecommunication or any other similar means;
or
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consumer
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
both of them, as the case may require, unless the contrary is proved.