Trade Descriptions Act 1968

Trade Descriptions Act 1968
Act of Parliament
Long titleAn Act to replace the Merchandise Marks Acts 1887 to 1953 by fresh provisions prohibiting misdescriptions of goods, services, accommodation and facilities provided in the course of trade; to prohibit false or misleading indications as to the price of goods; to confer power to require information on instructions relating to goods to be marked on or to accompany the goods or to be included in advertisements; to prohibit the unauthorised use of devices or emblems signifying royal awards; to enable the Parliament of Northern Ireland to make laws relating to merchandise marks; and for purposes connected with those matters.
Citation1968 c. 29
Dates
Royal assent30 May 1968
Commencement30 November 1968
Other legislation
Repeals/revokes
Status: Partially repealed
Text of statute as originally enacted
Revised text of statute as amended

The Trade Descriptions Act 1968 (c. 29) is an act of the Parliament of the United Kingdom which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on. This law empowers the judiciary to punish companies or individuals who make false claims about the products or services that they sell.

Applying a false trade description to goods is a strict liability offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction.

False descriptions as to services require the more normal proof of mens rea (guilty intent).

The act excludes matters relating to land and buildings, which were dealt with under the provisions of the Property Misdescriptions Act 1991.