Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Misleading definition

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 That regime has largely been replaced by the Consumer Protection...

UK B2B Misleading and Comparative Advertising: Offences, Defences and Enforcement under the Business Protection from Misleading Marketing Regulations 2008 (updated by the Digital Markets, Competition and Consumers Act 2024)

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Practice notes

This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 (BPR 2008), which govern business-to-business Advertising in the UK. It outlines what constitutes Misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the Rules for comparative advertising, see Practice Note: Comparative advertising.

Background

BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful.

At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008) took effect, implementing Directive 2005/29/EC, the EU Unfair Commercial Practices Directive (EU UCPD) into UK law. CPUTR 2008 protects consumers from unfair trading by prohibiting specified unfair practices...

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Web page updated on 21/05/2026

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