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Misleading meaning

What does Misleading mean?
In legal practice, “misleading” describes statements, descriptions or omissions that create a wrong overall impression, even if literally true, and are likely to influence a person’s decision in a material way. The term is defined in consumer and marketing legislation. In the UK, the Trade Descriptions Act 1968 formerly provided (s 3(2)) that a trade description which, though not false, was likely to be taken as an indication of specified matters and would, as such an indication, be false to a material degree, was deemed a false trade description. That regime has largely been replaced by the Consumer Protection from Unfair Trading Regulations 2008, which prohibit misleading actions and misleading omissions judged by the average consumer and their likely effect on a transactional decision. Business-to-business claims are governed by the Business Protection from Misleading Marketing Regulations 2008. Regulators (including the FCA and the ASA/CAP Code) require communications to be fair, clear and not misleading. In Ireland, the Consumer Protection Act 2007 similarly prohibits misleading commercial practices and omissions using an average consumer/material distortion test, with separate rules for business advertising. Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, with significant criminal, civil, regulatory and reputational...
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View the related Checklists about Misleading

CHECKLISTS
Price Promotions, Sales and Comparative Claims: UK Compliance Checklist (CMA/ASA; DMCCA 2024)

Checklist This Checklist covers key points practitioners should weigh up when reviewing price promotions. Such activity could include free extra volume or money-off offers, among other common mechanics. It reflects requirements set out in the Competition and Market’s Authority guidance, Price transparency: CMA209 (Price Transparency Guidance). For more detail, see Practice Note: Promotional marketing and price claims. As you progress through the Checklist, the third column can be used to note observations or comments. Basic issues to consider for price and value promotions Is the promotion a bona fide price reduction or an increase in volume running for a specified period? Marketers and traders should retain relevant evidence to show the claim is authentic. Is the promotion presented clearly and not misleading? Include all qualifications, restrictions or other limitations that affect availability. Link to relevant terms and conditions for further detail, but do not rely on them for any material pricing information or restrictions; these must be stated clearly within the promotion...

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CHECKLISTS
UK trade mark usage: practitioner checklist to preserve distinctiveness, ensure proper marking, and prevent genericism

It is vital for proprietors of trade mark registrations to ensure correct use, so the public recognises them as badges of origin for the relevant goods and/or services, and to lessen the risk of third-party challenges claiming the marks have become generic or misleading, or that they lack distinctiveness. For more information, see: Trade mark transactions and management-overview Practice Note: Managing a trade mark portfolio Practice Note: Removal of UK trade marks from the register-expiry, surrender, invalidity and revocation To assist, clear guidelines on trade mark usage should be created, with training provided to internal teams and to third-party users of trade marks such as distributors, advertising agencies and retailers, covering correct usage. A checklist of points to include in such guidance is set out below. Only use the trade mark as registered, without variations and abbreviations This applies to both written and spoken use of the trade mark. Distinguish the trade mark from the surrounding text A...

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CHECKLISTS
Publicity and Marketing Compliance Checklist for SRA-regulated Law Firms (England and Wales)

This checklist assists you in assessing whether your arrangements and controls support effective compliance with the publicity‑related regulatory duties that govern law firms. Read it alongside the subtopic: Publicity & inducements—law firms, to ensure full context. Publicity obligations under the SRA appear in the SRA Principles, the SRA Code of Conduct for Firms (Code for Firms), the SRA Code of Conduct for Solicitors (Code for Solicitors) and the SRA Transparency Rules. These are supported by guidance notes and warning notices issued by the SRA. See also Practice Note: Publicity—law firms for further detail. General Requirement Compulsory or recommended Comments (if any) ☐ Put in place a process to confirm that any publicity concerning your practice aligns with the SRA Principles and is not misleading. See Precedents: Publicity material compliance check—law firms and Publicity material audit form—law firms...

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NEWS
Commercial law weekly: ASA weight-loss ads rulings and airline baggage pricing probe; EWHC wet-lease force majeure decision; HMRC customs guidance; Procurement Act 2023 commencement—18 December 2025

In this issue: Advertising, marketing and sponsorship Contracts International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Commercial Highlights 2025/2026 Advertising, marketing and sponsorship ASA rulings—17 December 2025 The Advertising Standards Authority (ASA) received six objections about adverts for weight-loss medicines and services, covering promotion of prescription-only medicines, irresponsible body-image messaging and gender stereotyping, plus assertions that a medicine assists beyond its authorised indication. The ASA upheld the complaints. See: LNB News 17/12/2025 20. Which? finds budget airlines’ cabin bag fees far higher than advertised Consumer's Association (Which?) carried out research into budget airline bag pricing, finding that major carriers such as RyanAir and Easyjet routinely fail to include in the advertised total the realistic cost of baggage. Which? has referred its findings to the ASA for misleading 'from' price claims and the ASA is investigating. See: LNB News 15/12/2025 14....

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NEWS
UK commercial law weekly highlights: ASA menopause advertising ruling, CMA Worcester Bosch undertakings, mobile browsers and cloud gaming remedies, HMRC customs updates—15 August 2024

In this issue: Advertising, marketing and sponsorship Consumer protection E-commerce International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—14 August 2024 The Advertising Standards Authority (ASA) is continuing to address promotions claiming to treat menopausal symptoms. Drawing on a complaint and its own intelligence, the ASA examined specific TikTok ads to determine whether they asserted medicinal properties for an unlicensed product. The complaint was upheld. See: LNB News 14/08/2024 21. Consumer protection CMA secures final commitments from Worcester Bosch to change marketing practices The Competition and Markets Authority (CMA) has confirmed it obtained final commitments, in the form of undertakings, from Worcester Bosch to amend its marketing practices. This follows the CMA opening a formal investigation in October 2023 into whether Worcester Bosch breached consumer protection law by making potentially misleading claims to shoppers about its ‘hydrogen-blend ready’ home boilers...

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NEWS
New York Court of Appeals compels arbitration of Uber negligence suit despite pending litigation; arbitrator to assess unconscionability and alleged deception; dissent finds no contract formation

Ruling 5-2 By a 5–2 vote, the Court of Appeals determined that claimant Emily Wu is subject to Uber’s arbitration provision because she assented to the company’s revised terms of use on her mobile in January 2021. The panel said it was immaterial that, by then, she had already commenced proceedings against the company. Consequently, an arbitrator must consider Wu’s contention that the January 2021 terms were ‘actively misleading’, as they suggested the arbitration pact would apply solely to prospective claims against the company, according to the opinion. ‘For as long as written contracts have existed, parties have agreed to them without first scrutinising their terms,’ the panel observed. ‘Such omission can carry legal ramifications, whether the party is a sophisticated business or an everyday customer, and whether the contract is set out on paper or via an electronic pop-up.’ ‘Here, the upshot of the claimant’s purported failure to closely review Uber’s updated terms of use is that she must present her arguments about Uber’s allegedly deceptive and unconscionable...

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View the related Practice Notes about Misleading

PRACTICE NOTES
UK FCA DTR 1–1C: application, post‑Brexit and 2024 listing reforms, MAR interplay, audit committees, misleading disclosures and related party rules

This Resource Note spotlights commentary, analysis and materials to aid interpretation and give practical guidance on applying Chapters 1, 1A, 1B and 1C of the Disclosure Guidance and Transparency Rules: DTR 1, DTR 1A, DTR 1B and DTR 1C respectively. Materials referenced here include, where pertinent: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base guidance—Procedural notes and Technical notes (constituting formal guidance and binding on the FCA) FCA consultation papers, discussion papers, policy statements, feedback statements and warnings Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA newsletter List!, where still relevant to interpreting or applying a provision assimilated EU legislation EU Directives and EU Regulations, where relevant to interpreting a provision Lexis+ UK analysis and resources Setting the scene What it covers: DTR 1 sets out the Disclosure guidance, explaining its scope and purpose; DTR 1A sets out the transparency rules with their scope and purpose;...

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PRACTICE NOTES
European Commission Article 14(1) EUMR investigation into KKR's alleged incorrect, incomplete or misleading information in the NetCo merger review (M.12099)

CASE HUB See more, timeline, commentary and connected cases. Case facts European Commission merger inquiry under Article 14(1) EUMR into inaccurate or misleading information supplied by KKR during the Commission’s 2024 review of KKR’s acquisition of NetCo. Latest developments On 24 July 2025, the Commission opened its investigation. Parties KKR & Co. Inc (KKR): Headquartered in the US, KKR is a global investment firm providing alternative asset management alongside capital markets and insurance services. NetCo: Based in Italy, NetCo is a newly established company that comprises FiberCop—presently jointly controlled by KKR and TIM—as well as TIM’s primary and backbone fixed-line network...

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PRACTICE NOTES
UK competition authorities and sector regulators—abuse of dominance closed cases tracker (Article 102 TFEU/Chapter II CA98; 2013–present)

This table outlines completed CMA, OFT and sectoral regulator investigations from 2013 under Article 102 TFEU/Chapter II of the Competition Act 1998. Only publicly disclosed cases are included. For ongoing behavioural matters, see UK behavioural investigations—ongoing cases tracker. For appeals, see UK competition appeals—ongoing cases tracker. For completed Article 101 TFEU/Chapter I cases, see UK behavioural investigations under Article 101 TFEU/Chapter I Competition Act—closed cases tracker. For instances where the CMA has pursued director disqualification, see UK competition director disqualifications—cases tracker. 2025 Gas transportation — Scotia Gas Networks; Ofgem. Issue: alleged abuse of dominance. Commitments accepted—02/12/2025 Consultation on commitments launched—09/09/2025 Investigation opened—08/03/2024 Vifor Pharma (abuse of dominance) — Vifor Pharma; CMA. Issue: alleged abuse of dominance by making misleading claims about a rival iron treatment. Commitments accepted—23/05/2025 Consultation on commitments launched—10/12/2024 Investigation opened—31/01/2024 2024 ...

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PRECEDENTS
Buyer-favourable warranty and tax covenant limitations schedule for corporate seller SPAs: periods, caps, de minimis, specific exclusions, claims conduct, third-party recoveries and mitigation

Insert the following as new definitions (if not already included) in the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed • means information [ fully, fairly and accurately ] disclosed [ (relating specifically to the subject matter of the Warranty and without omitting any fact which may render the Warranty and the matter disclosed untrue, inaccurate and misleading) ] and presented with sufficient clarity and detail to allow a buyer to reach a clear, informed and accurate evaluation of the relevant facts, matters or circumstances concerned; Losses • means any and all liabilities, costs, outgoings (including legal expenses), claims, actions, proceedings, damages, fines, penalties, loss of profit [ and Consequential Loss ]; Tax Warranties • denotes the warranties [ and representations ] contained in paragraph [ insert number ] of Schedule [ insert number ], and Tax Warranty refers to any one of them; Warranties • signifies the warranties [ and representations ] included in Schedule [...

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PRECEDENTS
ET3 precedent: Respondent’s grounds resisting automatic unfair dismissal (protected disclosure/whistleblowing) claim—capability defence (England, Wales and Scotland)

Grounds of Claim 1 Paragraph 1 of the Grounds of Claim is hereby accepted. 2 Regarding paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were improperly changing test data at all and it is denied that the amended data conveyed a false picture of the testing the compound had received. The Claimant’s colleagues applied routine adjustments to test results in line with industry guidelines. It is not admitted, if alleged, that the Claimant believed those adjustments were improper or misleading and, if the Claimant did hold such a belief, it is denied that it was reasonable. A chemist with the Claimant’s training and experience would have known the industry guidelines well and thus that the adjustments were routine and proper. 3 It is admitted that on [ insert date ], the Claimant reported to [ insert name ] that [ insert names ] had been inappropriately altering test data. It is admitted that [ insert name ] raised concern internally and stated that...

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PRECEDENTS
Pro-seller warranty operative provisions for share purchase agreements: definitions, Fairly Disclosed standard, knowledge qualifiers, separate warranties, Disclosure Letter exceptions and buyer awareness confirmation

Insert the following as new definitions (if not already included) in the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed — means [ wholly, ] fairly [ and precisely ] disclosed [ (specifically relating to the subject of the Warranty and without leaving out any fact that could make the Warranty, and the disclosure, untrue, inaccurate or misleading) ] [ in a way and with such detail as to permit a buyer to reach a clear, informed and accurate evaluation of the relevant facts, matters or circumstances OR with adequate detail to enable a buyer to recognise the nature and extent of the matter disclosed ] ; Warranties • ...

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Q&As
Legal rules on ‘limited edition’ wording on product packaging

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, outlaws unfair commercial practices that harm consumers’ economic interests. Such practices cover areas like product labelling. For more detail, refer to Practice Note: The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived]. Examples of prohibited behaviour include misleading actions, as specified in reg 5 of CPUTR 2008, SI 2008/1277...

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Q&As
Do buyer's warranty-claim costs count in liability thresholds?

Contract law regulates the recoverable loss arising under a limitation of liability provision in a share purchase agreement where a warranty is breached. Warranties comprise contractual declarations or assurances concerning the state of the target company, its operations, assets and liabilities. Should a seller provide a warranty in a share purchase agreement that later turns out inaccurate, untrue or misleading, the buyer may pursue a breach of warranty claim and seek damages from the seller for losses thereby suffered by the buyer...

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