Fair Trading Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

False representations

13 False or misleading representations

No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,—

(a)

make a false or misleading representation that goods are of a particular kind, standard, quality, grade, quantity, composition, style, or model, or have had a particular history or particular previous use; or

(b)

make a false or misleading representation that services are of a particular kind, standard, quality, or quantity, or that they are supplied by any particular person or by any person of a particular trade, qualification, or skill, or by a person who has other particular characteristics; or

(c)

make a false or misleading representation that a particular person has agreed to acquire goods or services; or

(d)

make a false or misleading representation that goods are new, or that they are reconditioned, or that they were manufactured, produced, processed, or reconditioned at a particular time; or

(e)

make a false or misleading representation that goods or services have any sponsorship, approval, endorsement, performance characteristics, accessories, uses, or benefits; or

(f)

make a false or misleading representation that a person has any sponsorship, approval, endorsement, or affiliation; or

(g)

make a false or misleading representation with respect to the price of any goods or services; or

(h)

make a false or misleading representation concerning the need for any goods or services; or

(i)

make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy, including (to avoid doubt) in relation to any guarantee, right, or remedy available under the Consumer Guarantees Act 1993; or

(j)

make a false or misleading representation concerning the place of origin of goods or services.

Compare: Trade Practices Act 1974 s 53 (Aust)

Section 13 heading: amended, on 15 November 2000, by section 3(b) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(a): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(b): amended, on 17 June 2014, by section 11(1) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 13(b): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(c): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(d): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(e): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(f): amended, on 15 November 2000, by section 3(a) of the Fair Trading Amendment Act 2000 (2000 No 64).

Section 13(i): amended, on 17 June 2014, by section 11(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 13(j): amended, on 17 June 2014, by section 11(3) of the Fair Trading Amendment Act 2013 (2013 No 143).