View source for Trade Descriptions Act 1968

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{{Infobox UK legislation
|short_title=Trade Descriptions Act 1968
|type=Act
|long_title=An 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.
|year=1968
|citation=[[List of acts of the Parliament of the United Kingdom from 1968|1968]] c. 29
|royal_assent=30 May 1968
|commencement=30 November 1968
|replaces={{ubli|[[Merchandise Marks Act 1887]]
|[[Merchandise Marks (Prosecutions) Act 1891]]
|[[Merchandise Marks Act 1894]]
|[[Merchandise Marks Act 1911]]
|[[Merchandise Marks Act 1926]]
|[[Merchandise Marks Act 1953]]}}
|status=partially_repealed
|original_text=https://www.legislation.gov.uk/ukpga/1968/29/pdfs/ukpga_19680029_en.pdf
|revised_text=https://www.legislation.gov.uk/ukpga/1968/29
}}

The '''Trade Descriptions Act 1968''' (c. 29) is an [[Act of Parliament (UK)|act]] of the [[Parliament of the United Kingdom]] which prevents [[manufacturing|manufacturers]], [[retail]]ers or [[service industry]] providers from misleading [[consumer]]s as to what they are spending their money on.
This law empowers the [[Courts of the United Kingdom|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]].

==Changes==
The act was in conflict with the EU [[Unfair Commercial Practices Directive]], which has been adopted in the UK and was implemented from April 2008.

Although technically the act itself remains in force, most of its specific provisions were repealed and superseded by the [[Consumer Protection from Unfair Trading Regulations 2008]] which came into force 26 May 2008, missing the EU deadline for implementation by 12 June 2007.  The repeals and revocations for TDA 1968 are sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2).

==See also==
* [[Crunchy Frog]]

== External links ==
* [http://www.opsi.gov.uk/Acts/acts1968/PDF/ukpga_19680029_en.pdf The Trade Descriptions Act 1968]
* [https://web.archive.org/web/20090521064335/http://www.berr.gov.uk/files/file8156.pdf Guidance Note on the Trade Descriptions Act]

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[[Category:United Kingdom Acts of Parliament 1968]]
[[Category:Consumer protection in the United Kingdom]]


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