(1) A commercial practice is misleading if the trader omits or conceals material information that the average consumer would need, in the context, to make an informed transactional decision ("material information") and such practice would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) A commercial practice is misleading if -
(i) provides material information referred to in subsection (1) in a manner that is unclear, unintelligible, ambiguous or untimely, or
(ii) fails to identify the commercial intent of the practice (if such intent is not already apparent from the context),
and
(b) such practice would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(3) If a commercial practice is or includes an invitation to purchase, each of the following constitutes material information for the purposes of this section, unless
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