Rules & Regulations

Trade Descriptions

The Trade Descriptions Act 1968

The Trade Descriptions Act deals with the mis-description of goods in general. In particular it aims to ensure that any person acting in the course of a trade or business tells the truth about the goods, prices and services they offer.

What does the 1968 Act do?

The Act makes it an offence for any person acting in the course of a trade or business to apply a false trade description to any goods, or to supply or offer to supply any goods to which a false trade description is applied. Finally, and perhaps most relevant to the tourism industry, it is an offence under the act to make certain kinds of false statements about the provision of any service, accommodation or facilities.

What is a false trade description?

A false description is one that is misleading (deliberately or otherwise) that is applied to goods or services, whether in writing or by means of an illustration, symbol or other marking on the goods themselves, on containers, labels, showcards, in advertisements or in an oral statement.

For the purposes of the Act, a trade description may be in regard to (amongst other things):

• the quantity, size or gauge of goods
• how they were made or processed
• what they are made of
• their fitness for purpose
• any other physical characteristics
• where they were made
• when they were made
• who made them

Making false statements about services, accommodation or facilities

In order for there to have been an offence, any false description needs to be false to a "material degree". It is not enough to contain an insignificant inaccuracy.

It is an offence under the Act to make false statements about one or more of a number of listed matters:

• the provision of services, accommodation or facilities
• their nature
• the time at which they are provided
• how they are provided or who provides them
• their examination, approval or evaluation by a person
• where accommodation is provided
• the amenities attributable to the accommodation

When advertising holidays, accommodation, attractions, activities or food (to name just a few) you should be careful to make accurate descriptions and not to over-emphasise the quality or nature.

The act is not directly concerned with compensation for false statements - this is governed by the civil law courts, in which claims can be brought under the act. Nevertheless, anyone convicted of an offence under the act may also be ordered to pay compensation to the victim.

Descriptions as customer service

Legalities aside, any descriptions you make (verbally or in writing in literature, websites, brochures or by any other means) should enhance your customers' experience, not confuse it. It is genuinely useful to provide real information about what you do and don't do. If you think it is helpful to advise customers about things that you don't provide, or additional equipment or items that may enhance their experience with you, then mention them. No-one expects you to provide everything, but accurate descriptions not only help customers bring the things they need, but they also help to manage customer expectations - and disappointment.

Further information and guidance

Trade Descriptions Act
This is an online copy of the act itself, from the Office of Public Sector Information.

BERR guidance notes
Guidance on the law from BERR (formerly the DTI).

www.tradingstandards.gov.uk
Trading Standards enforces the law. This central site gives access to a wide range of advice and factsheets.

Trading Standards Trade Descriptions Factsheet
This is a fairly detailed guide on Trade Descriptions from the enforcement agency.