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Version date: 24 May 2024 - onwards
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226 Misleading actions

(1) For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves -

(a) the provision of false or misleading information relating to a product, a trader or any other matter relevant to a transactional decision,

(b) an overall presentation which is likely to deceive the average consumer about a matter relating to a product, a trader or any other matter relevant to a transactional decision,

(c) any marketing of a product which creates confusion, or is likely to create confusion, with any product, trade mark, trade name or other distinguishing mark of another trader, or

(d) a failure to comply with a requirement in a code of conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code.

(2) In subsection (1)(a), the reference to misleading information includes a reference to information which, although true, is presented in a misleading way.

(3) For the purposes of subsect

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