The European Directive on Unfair Commercial Practices

https://eur-lex.europa.eu/eli/dir/2019/2161/oj 

(2) Consumer protection law should be applied effectively throughout the Union. Yet, the comprehensive Fitness Check of consumer and marketing law carried out by the Commission in 2016 and 2017 in the framework of the Regulatory Fitness and Performance (REFIT) programme concluded that the effectiveness of Union consumer protection law is compromised by a lack of awareness among both traders and consumers and that existing means of redress could be taken advantage of more often.

(3) The Union has already taken a number of measures to improve awareness among consumers, traders and legal practitioners about consumer rights and to improve enforcement of consumer rights and consumer redress. However, there are remaining gaps in national law regarding truly effective and proportionate penalties to deter and sanction intra-Union infringements, insufficient individual remedies for consumers harmed by breaches of national legislation transposing Directive 2005/29/EC of the European Parliament and of the Council (3) and shortcomings with regard to the injunction procedure under Directive 2009/22/EC of the European Parliament and of the Council (4). Revision of the injunction procedure should be addressed by a separate instrument amending and replacing Directive 2009/22/EC.

(11) To facilitate more consistent application of penalties, in particular in the case of intra-Union infringements, widespread infringements and widespread infringements with a Union dimension as defined in Regulation (EU) 2017/2394, common non-exhaustive and indicative criteria for the application of penalties should be included in Directives 93/13/EEC, 98/6/EC, 2005/29/EC and 2011/83/EU. These criteria should include, for example, the nature, gravity, scale and duration of the infringement, and any redress provided by the trader to consumers for the harm caused. Repeated infringement by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the penalty to achieve effective deterrence. The financial benefits gained, or losses avoided, due to the infringement should be taken into account, if the relevant data are available. Other aggravating or mitigating factors applicable to the circumstances of the case can also be taken into account.

(21) Transparency requirements with regard to the main parameters determining ranking are also regulated by Regulation (EU) 2019/1150 of the European Parliament and of the Council (9). The transparency requirements under that Regulation cover a broad range of online intermediaries, including online marketplaces, but they only apply between traders and online intermediaries. Similar transparency requirements should therefore be introduced in Directive 2005/29/EC to ensure adequate transparency towards the consumers, except in the case of providers of online search engines, which are already required by that Regulation to set out the main parameters that individually or collectively are most significant in determining ranking and the relative importance of those main parameters, by providing an easily and publicly available description, drafted in plain and intelligible language on the online search engines of those providers.

Kenya

Article 46:

(1) Consumers have the right--

(a) to goods and services of reasonable quality;
(b) to the information necessary for them to gain full benefit from goods and services;
(c) to the protection of their health, safety, and economic interests; and
(d) to compensation for loss or injury arising from defects in goods or services.

(2) Parliament shall enact legislation to provide for consumer protection and for fair, honest, and decent advertising.

(3) This Article applies to goods and services offered by public entities or private persons.

Poland

Article 76:

Public entities safeguard the health, privacy, and safety of consumers, users, and lessees against actions that pose a risk to these aspects and unjust market conduct. The extent of this protection is delineated by legislation.

Australia

The Corporations Act 2001:

Australian Consumer Law(ACL):

ACL is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Section 18: Misleading or deceptive conduct
A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

Corporations Act mentioned as a key statute in consumer protection and climate litigation.

Australian Consumer Law (ACL)

Located in a Schedule to the Competition and Consumer Act 2010 (Cth).
Section 29: Invoked in proceedings against Volkswagen for making false representations about compliance with Australian diesel emissions standards.

Competition and Consumer Act 2010 (Cth)

Establishes the Australian Competition and Consumer Commission (ACCC) and contains the Australian Consumer Law.

Brazil

Law No. 8.078 on the Consumer Protection Code.  

Article 6 III guarantees consumers adequate and clear information about the different products and services, with correct specification of quantity, characteristics, composition, quality, taxes and price, as well as the risks they present.

Articles 6, IV guarantees consumers protection against misleading and abusive advertising.

guarantees the repair of material and moral damages, individual, collective and diffuse

Article 6 VII with due access to judicial and administrative bodies to repair these damages

Article 6, VIII applies to all civil lawsuits involving environmental damage. Defendants should bear the burden of proving that either (a) there is no harm or (b) they are not (directly or indirectly) responsible for the damage.

Article 12 and Article 14 The liability is strict, i.e. the manufacturer, producer, builder, domestic or foreign, importer and service provider are liable regardless of fault, for repairing the damage caused, as well as for insufficient or inadequate information about their use and risks, both in the case of goods and services.

Article 18,19,20 There is also joint and several liability for defects in products and services and for the disparity of information contained in packaging and in offers or advertisements.

Article 37 (1) Misleading advertising is any type of information or communication of an advertising nature that is entirely or partially false, or in any other way, even by omission, capable of misleading the consumer with respect to the nature, characteristics, quality, quantity, properties, origin, price and any other information about products and services

(2) Among other things, discriminatory advertising of any nature, that which incites violence, exploits fear or superstition, takes advantage of a child's lack of judgment and experience, disrespects environmental values, or is capable of inducing the consumer to behave in a manner that is harmful or dangerous to his/her health or safety, is abusive.

(3) Advertising will be misleading by omission when it fails to inform about essential information of the product or service.

Article 38 The sponsor of the advertisement has the burden of proving the veracity and correctness of the information or advertising communication (Article 38).

Article 51, XIV contractual clauses related to the supply of products and services that violate or allow the violation of environmental norms are null and void.

Article 56 XII and Article 60: in case of misleading or abusive advertising, counteradvertising may be imposed

Article 66 defines it as a criminal offense to make false or misleading statements, or to omit relevant information about the nature, characteristics, quality, quantity, safety, performance, durability, price or warranty of products or services

Article 68 makes or promotes advertising that it knows or should know is capable of inducing the consumer to behave in a manner that is harmful or dangerous to his health or safety

Article 69 Failure to organize factual, technical, and scientific data that support the advertising is also a criminal offense.

Article 10 Product Recall: the CDC provides for product recalls in cases where a product presents a risk to the health or safety of consumers. Companies are required to issue a recall notice and take measures to repair or replace the defective product (Article 10, Law No. 8.078/1990).

Article 60 Corrective Advertising: Companies that engage in false or misleading advertising may be required to issue corrective advertising to inform consumers of the truth about their products or services (Article 60, Law No. 8.078/1990).

Brazilian Consumer Protection Code (CDC)

Provides remedies for damages caused by defective or dangerous products or services.
Establishes rights for product recall, corrective advertising, and the possibility of suspension or revocation of licenses for violations.
The Brazilian Civil Code establishes fault-based liability and strict liability for damages caused.
Collective remedies like public civil action enable seeking compensation for environmental damages.

Brazilian Environmental Crimes Law

Imposes civil and criminal liability for environmental damage.

Brazilian Civil Code

Outlines civil liability for harm caused by actions or omissions.
Establishes fault-based liability and strict liability for damages caused.
Collective remedies like public civil action enable seeking compensation for environmental damages.

Brazilian Corporation Law

Provides the framework for the civil liability of corporations.

Brazilian Securities Law

Regulates capital markets and imposes disclosure requirements.

Brazilian Competition Law

Prohibits anti-competitive behaviour by corporations.

Brazilian Anticorruption Act (Clean Company Act)

Provides for administrative and civil liability for corrupt practices.

National Policy for Solid Waste (PNRS)

Applies shared responsibility for the product life cycle and mandates Reverse Logistics.
The PNRS mandates reverse logistics for certain products to minimise environmental impact.

Canada

Federal Consumer Protection Legislation  (see section on torts for more details)

Federal agencies and departments are responsible for enforcing legislation related to various issues, including:

consumer product safety
food safety
consumer product packaging and labeling
anti-competitive practices, such as price fixing and misleading advertising
privacy complaints

Federal Consumer Protection Laws

Govern consumer product safety, food safety, product packaging and labelling, anti-competitive practices (including misleading advertising), and privacy complaints.

Provincial Consumer Protection Laws

Cover aspects such as buying goods and services, contracts, motor vehicle purchase/maintenance/repair, and practices of credit reporting and collection agencies.

Competition Act

Corporations found liable for misrepresentation and failure to warn might face actions under this act.

Motor Vehicle Safety Act and Motor Vehicle Safety Regulations

Set safety and emissions standards for vehicles in Canada.

China

Article 58 of the Civil Procedure Law 

A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem.

A lawyer, a near relative of the party, a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem.

Environmental Law

Article 6: Encourages a low-carbon, economical lifestyle.

France

French Consumer Code: 

Article L. 121-1 et seq. - Unfair commercial practices are prohibited.

A commercial practice is unfair when it is contrary to the requirements of professional diligence and it alters or is likely to substantially alter the economic behaviour of the normally informed and reasonably attentive and circumspect consumer, with regard to a good or service.

The unfair nature of a commercial practice targeting a particular category of consumers or a group of consumers who are vulnerable due to mental or physical infirmity, their age or their gullibility is assessed with regard to the average capacity of discernment of the category or group.

In particular, deceptive commercial practices defined in Articles L. 121-2 to L. 121-4 and aggressive commercial practices defined in Articles L. 121-6  and L. 121-7 constitute unfair commercial practices.

French Civil Code

Article 1240: Utilized in the litigation against TotalEnergies for misleading advertising claims.

Environment Code

Article L. 142-2: Governs the standing to sue in environmental cases.

Germany

Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG) 

Section 3 Prohibition of unfair commercial practices

1. Unfair commercial practices are illegal.
2. Commercial practices targeting or reaching consumers are unfair if they are not in compliance with the requirements of professional diligence and are suited to materially distorting the economic behaviour of consumers.
3. The commercial practices in relation to consumers listed in the Annex to this Act are always illegal.
4. When assessing commercial practices in relation to consumers, reference is to be made to the average consumer or, where the commercial practice is directed towards a particular group of consumers, to the average member of that group. Commercial practices which are likely to materially distort the economic behaviour only of a clearly identifiable group of consumers who are particularly vulnerable to these practices or the underlying goods or services because of their mental or physical infirmity, age or credulity in a way which the entrepreneur could reasonably be expected to foresee are to be assessed from the perspective of the average member of that group.

Section 5 Misleading Commercial Practices

(1) Unfairness is deemed to have occurred where a person engages in a misleading commercial practice which is suited to causing the consumer or other market participant to take a transactional decision which he or she would not have taken otherwise.

(2) A commercial practice is regarded as misleading if it contains false statements or other information suited to deception regarding the following circumstances:

1.  the main characteristics of the goods or services, such as their availability, nature, execution, benefits, risks, composition, accessories, method or date of manufacture, delivery or provision, fitness for purpose, uses, quantity, specification, after-sale customer assistance, complaint handling, geographical or commercial origin, the results to be expected from their use, or the results or material features of tests carried out on the goods or services.
2.  the reason for the purchase, such as the existence of a specific price advantage, the price or the manner in which the price is calculated, or the conditions on the basis of which the goods are supplied or the services are provided;
3.  the nature, attributes or rights of the entrepreneur such as his or her identity, assets, including intellectual property rights, the extent of his or her commitments, qualifications, status, approval, affiliation or connections, awards or distinctions, motives for the commercial practice or the nature of the sales process;
4.  any statement or symbol in relation to direct or indirect sponsorship or approval of the entrepreneur or of the goods or services;
5.  the need for a service, part, replacement or repair;
6.  compliance with a code of conduct by which the entrepreneur has undertaken to be bound when he or she makes reference to such commitment; or
7.  the rights of consumers, in particular those based on promised guarantees or warranty rights in the event of impaired performance.

(3) A commercial practice is also regarded as misleading if

in connection with the marketing of goods or services, including comparative advertising, it creates confusion with other goods or services or with the trade mark or other distinguishing mark of a competitor or
it is used to market a good, in one Member State of the European Union, as being identical to goods put on the market in other Member States of the European Union, while these goods have significantly different composition or characteristics, unless justified by legitimate and objective factors.

(4) Information within the meaning of subsection (1) sentence 2 is also regarded as including information which forms part of comparative advertising as well as pictorial representations and other events which are targeted at, and are suitable for, taking the place of such information.

(5) It is presumed to be misleading to advertise with a price reduction in a case where the price concerned has been demanded for only an unreasonably short period of time. In the event of dispute as to whether and for what period of time the price was demanded, the burden of proof falls on the person who advertised with the price reduction.

Section 5a Misleading by omission

(1) Unfairness is also deemed to have occurred where a person misleads a consumer or other market participant by omitting material information 

1. which the consumer or other market participant needs, according to the relevant context, to take an informed transactional decision and
2. whose omission is likely to cause the consumer or other market participant to take a transactional decision which he or she would not have taken otherwise.

(2) The following are also regarded as an omission of information:

1. the hiding of material information,
2. the provision of material information in an unclear, unintelligible or ambiguous manner and
3. the provision of material information in an untimely manner.

(3) When assessing whether material information has been omitted, consideration is to be given to the following:

1. the limitations of space or time imposed by the medium used to communicate the commercial practice and
2. any measures taken by the entrepreneur to make the information available to consumers or other market participants by means other than by the medium used to communicate the commercial practice.

(4) Unfairness is also deemed to have occurred where the commercial intent of a commercial practice is not identified, unless this is directly apparent from the context, and where such failure to identify the commercial intent is suited to causing the consumer or other market participant to take a transactional decision which he or she would not have taken otherwise. An activity has no commercial purpose for the benefit of another entrepreneur if the person or entity engaged in it does not obtain payment or a similar consideration, nor a promise thereof, for the activity undertaken by the other entrepreneur. The obtaining or promising of a consideration is assumed to have occurred unless the person or entity engaged in the activity substantiates that he, she or it has not obtained any such consideration.

India

The Energy Conservation Act of 2001

CHAPTER II - BUREAU OF ENERGY EFFICIENCY

Section 3. Establishment and incorporation of Bureau of Energy Efficiency.—

1. With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Bureau to be called the Bureau of Energy Efficiency.
2. The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
3. The head office of the Bureau shall be at Delhi.
4. The Bureau may establish offices at other places in India.

CHAPTER IV - POWERS AND FUNCTIONS OF BUREAU

Section 13. Powers and functions of Bureau.—

1. The Bureau shall, effectively co-ordinate with designated consumers, designated agencies and other agencies, recognise and utilise the existing resources and infrastructure, in performing the functions assigned to it by or under this Act.
2. The Bureau may perform such functions and exercise such powers as may be assigned to it by or under this Act and in particular, such functions and powers include the function and power to—

b. recommend to the Central Government the norms for processes and energy consumption standards required to be notified under clause (a) of section 14; 1 [(aa) recommend to the Central Government for issuing of the energy savings certificate under section 14A;]
c. recommend to the Central Government the particulars required to be displayed on label on equipment or on appliances and manner of their display under clause (d) of section 14;
d. recommend to the Central Government for notifying any user or class of users of energy as a designated consumer under clause (e) of section 14;
e. take suitable steps to prescribe guidelines for energy conservation building codes under clause (p) of section 14;
f. take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation;
g. arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation;
h. strengthen consultancy services in the field of energy conservation;
i. promote research and development in the field of energy conservation;
j. develop testing and certification procedure and promote testing facilities for certification and testing for energy consumption of equipment and appliances;
k. formulate and facilitate implementation of pilot projects and demonstration projects for promotion of efficient use of energy and its conservation;
l .promote use of energy efficient processes, equipment, devices and systems;
m. promote innovative financing of energy efficiency projects;
m. give financial assistance to institutions for promoting efficient use of energy and its conservation;
o. levy fee, as may be determined by regulations, for services provided for promoting efficient use of energy and its conservation;
p. maintain a list of accredited energy auditors as may be specified by regulations;
q. specify, by regulations, the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation;]
r. specify, by regulations, the manner and intervals of time in which the energy audit shall be conducted;
s. specify, by regulations, certification procedures for 3 [energy auditors and energy managers] to be designated or appointed by designated consumers;
t. prepare educational curriculum on efficient use of energy and its conservation for educational institutions, boards, universities or autonomous bodies and coordinate with them for inclusion of such curriculum in their syllabus; [(sa) conduct examination for capacity building and strengthening of services in the field of energy conservation including certification of energy managers and energy auditors;]
u. implement international co-operation programmes relating to efficient use of energy and its conservation as may be assigned to it by the Central Government;
v. perform such other functions as may be prescribed.

Consumer Protection Act, 2019

Addresses grievances related to products and services, including provisions for compensation and redressal in cases of misrepresentation.

Netherlands

Dutch Civil Code 

Articles 6:139 Position of a surety 

1. A surety and a person whose property serves as security for someone else's debt may invoke the suspension of their liability as far as the creditor is entitled to set off his secured claim against a due and demandable obligation indebted by him to the debtor.

2. They may invoke that they are released from their liability as far as the creditor has lost his right of setoff (his right to offset his covered claim against his own obligation to the debtor) unless the creditor had reasonable grounds to waive this right or he is not to blame that it is lost.

Article 6:228 Fundamental mistake 

1. An agreement which has been entered into under the influence of a mistake with regard to the facts or legal rights and which would not have been concluded by the mistaken party if he would have had a correct view of the situation, is voidable:

a. if the mistake is caused by information given by the opposite party, unless this party could assume that the agreement would be concluded even without this information;
b. if the opposite party, in view of what he knew or ought to have known about this mistake, should have informed the mistaken party about his error;
c. if the opposite party, at the moment on which the agreement was entered into, had the same incorrect assumption as the mistaken party, unless he could have believed that the mistaken party, if this party had known the mistake, still would have entered into the agreement.

2. A nullification on the ground of a fundamental mistake cannot be based on a mistake which is exclusively related to a fact that, at the moment on which the agreement was entered into, still had to happen (fact in future) or that should remain for account of the mistaken party in view of the nature of the agreement, the general principles of society (common opinion) or the circumstances of the case.

Article 6:193j Revised burden of proof with respect to the correctness and completeness of the provided information 

1. When, pursuant to Articles 6:193b up to and including 6:193i, a right of action (legal claim) or an application as meant in Article 3:305d, paragraph 1, of the Civil Code is brought to court, the burden of proof rests on the trader as far as it concerns the material correctness and completeness of the information he has provided, if that seems to be appropriate in view of all circumstances of the case and taking into account the legitimate interests of the trader and of each other party in the proceedings.

2. If the trader has acted tortiously (unlawfully) in the sense of Article 6:193b, then he is liable for the damage caused as a result, unless he proves that he is not to blame for the damage and that he is neither accountable for it on another ground.

Article 6:74 Requirements for a compensation for damages 

1. Every imperfection in the compliance with an obligation is a non-performance of the debtor and makes him liable for the damage which the creditor suffers as a result, unless the non-performance is not attributable to the debtor.

2. As far as it is not yet permanently impossible to accomplish the indebted performance, paragraph 1 of this Article only applies with due observance of what is regulated in Subsection 2 for a debtor who is in default.

Article 7:17 Conformity with the sale agreement 

1. The supplied object must be in conformity with the sale agreement.

2. The object is not in conformity with the agreement if it does not have the qualities that the buyer, given the nature of the object and the statements of the seller about it, could have expected on the basis of the agreement. The buyer may expect that the object has the qualities that are necessary to be able to use it in a normal way and of the presence of which he did not need to doubt as well as the qualities that are necessary to be able to use it in the particular way that the buyer intends to make of it as provided for in the agreement.

3. Another object than agreed upon or an object of another kind is not in conformity with the agreement. The same applies if what has been supplied differs in number, weight or measure from what has been agreed upon.

4. Where a sample or model has been shown or handed over to the buyer, the qualities of the supplied object must correspond with it, unless it was shown or handed over merely to give an indication without the object needing to be in conformity with it.

5. The buyer cannot appeal to the fact that the object is not in conformity with the agreement if he was aware or reasonably should have been aware, at the time of the conclusion of the agreement, of the lack of conformity. Neither can the buyer appeal to the fact that the object is not in conformity with the agreement if this is due to defects in or the unsuitability of raw materials originating from the buyer, unless the seller should have warned him about these defects or this unsuitability.

6. At the sale of immovable property the mentioning of the size of the surface area is regarded merely as to be giving an indication without the object needing to be in conformity with that size.

Dutch Civil Code (Burgerlijk Wetboek - BW)

- Articles 6:139a - 6:139j: Implement the EU Directive on unfair commercial practices, focusing on protecting consumers against misleading environmental claims.

- Article 6:228 (dwaling): Covers misrepresentation and error in contract law, relevant for false or misleading statements about the sustainable nature of a product or service.

- Article 6:74: Pertains to liability for damages due to breach of contract.

- Article 6:265: Relates to termination for breach of contract.

- Article 7:17: Specifies that goods must have the properties that correspond to the contract, relevant for sustainability claims.

- Article 7:18 section 2: Deals with the presumption of non-conformity within six months of delivery.

Article 3:305a CC: Allows for actions for idealistic purposes

Norway

Product Control Act 

(Cf earlier Act of 19 June 1970 No. 68. Title of the Act amended by the Act of 11 June 1993 No. 64. Cf. EEA Agreement, Annex II, Chapter XIX, item 3h (Directive 2001/95/EC).

Act 11 June 1976 No. 79 Relating to the Control of Products and Consumer Services)

Section 3. Duty of care, etc

Any person that produces, imports, places on the market, processes, uses or in any other way handles products that may cause such effects as are mentioned in section 1, shall exercise due care and take reasonable steps to prevent or limit such effects.

Any person that owns or manages an enterprise offering consumer services, or that carries out work in such an enterprise, shall exercise due care and take reasonable steps to prevent the consumer service from causing damage to health. The recipient of a consumer service shall exercise due care when making use of the service.

Any person that produces or imports products has a duty to obtain such knowledge as is necessary to evaluate whether the products can cause such effects as are mentioned in section 1.

Any person that owns or manages an enterprise offering consumer services has a duty to obtain such knowledge as is necessary to evaluate the risk of damage to health.

Persons such as are mentioned in the third and fourth paragraphs have a duty to provide users of consumer products and recipients of consumer services with adequate and relevant information so that they are put in a position to evaluate the safety of the products or services and if necessary avoid any inherent risk, unless the action necessary is clear without such information. The information shall be clear, easily available and adapted to the needs of users and recipients. The provision of such information does not exempt any person from compliance with the other requirements of this Act.

This section does not apply to the energy efficiency of a product.

Section 9. Right to information about products that is held by a public authority

Any person is entitled to receive information from a public authority about products that have or may have effects such as are mentioned in section 1, provided that the information is held by the public authority concerned and no exemption has been made from the right to receive information pursuant to this Act. The term public authority means such an authority as defined in section 5, subsection 1, of the Environmental Information Act.

A request for information may be summarily dismissed if it is formulated in too general a manner or does not provide an adequate basis for identifying what is meant by the request. Before such a request is dismissed, the person requesting information shall be given reasonable assistance to formulate the request in such a way that it can be addressed.

A request for information may be refused if there is a genuine and objective need to do so in a specific case and the information, or the document containing the information, may be exempted from public disclosure under Chapter 3 of the Freedom of Information Act. When considering whether such a genuine and objective need exists, the environmental and public interests served by disclosure shall be weighed against the interests served by the refusal. If the environmental and public interests outweigh the interests served by the refusal, the information shall be disclosed.

A request for information that is subject to a statutory duty of confidentiality shall be refused unless otherwise provided by section 11, second paragraph.

Refusal of a request for information may be appealed. The provisions of sections 6, 10, subsections 2 and 4, 11, subsection 3, 13 and 15 of the Environmental Information Act concerning payment, administrative procedures and appeals etc., and regulations laid down under section 7 of the Environmental Information Act, apply insofar as appropriate.

Section 10. Right to information about products from the producer, importer, processor, distributor or user

Any person is entitled to information about

whether a product contains components or has characteristics that may result in effects such as are mentioned in section 1,

the components or characteristics to which this applies,

how the product must be handled to prevent effects such as are mentioned in section 1,

significant injury to health or environmental disturbance caused by production and distribution of the product, and

who is the producer or importer of the product.

Information in accordance with the first paragraph may be requested from the producer, importer, processor, distributor or user of the product.

The right to information under the first paragraph d) also applies to information concerning the environmental impact of production or distribution of a product outside Norway's borders insofar as such information is available. The enterprise shall request such information from the previous link in the supply chain if this is necessary to enable it to answer the request for information.

A request for information may be summarily dismissed if it is formulated in too general a manner or does not provide an adequate basis for identifying what is meant by the request.

A request for information may be refused if

the request is clearly unreasonable, or

the information requested concerns technical devices and procedures, as well as operational or business matters which for competition reasons it is important to keep secret in the interests of the person whom the information concerns.

Refusal of a request for information may be appealed. The provisions of sections 6, 17, sub-section 3, 18 and 19 of the Environmental Information Act concerning payment, administrative procedures and appeals, and regulations laid down under section 7 of the Environmental Information Act, apply insofar as appropriate.

The producer, importer, processor, and distributor of a product shall transmit information to which this section applies to the next link in the supply chain.

Section 12. Criminal liability

Any person that wilfully or negligently contravenes provisions set out in or issued under this Act, or conditions laid down under section 7, shall be liable to fines, a term of imprisonment not exceeding three months or both, unless more severe penal provisions apply. This does not apply to contravention of sections 9, 10 and 11, fifth paragraph. Contravention of section 3 shall only be penalised if such contravention is wilful or a result of gross negligence. An accomplice is liable to the same penalties.

Any person that contravenes the duty of confidentiality laid down in section 11 of this Act shall be liable to fines, imprisonment for a term not exceeding six months or both. If a person contravenes the duty of confidentiality for the purpose of acquiring an unlawful gain for himself or another person, a term of imprisonment not exceeding two years may be imposed.

Act Relating to Consumer Purchases  

Act on Control of Products and Consumer Services (1976 No.79)

Focuses on product safety, environmental protection, and efficient energy use, with provisions for information rights and criminal liability for non-compliance.

Labelling of Consumer Goods Act (1981 No. 90)

Provides government authority to regulate product labelling, including environmental impacts.

AvtaleLoven (Contract Act)Contains rules

on the termination of agreements and special provisions for consumer contracts, including information requirements before entering into an agreement.

Philippines

Consumer Act of the Philippines Republic Act No. 7394 

ARTICLE 23.          Adulterated Food. — A food shall be deemed to be adulterated:

a)1)         if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this clause if the quantity of such substance does not ordinarily render it injurious to health;
2)              if it bears or contains any added poisonous or deleterious substance other than one which is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, (iii) a color additive, for which tolerances have been established and it conforms to such tolerances;
3)              if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for food;
4)              if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby, it may have been rendered injurious to health;
5)              if it is, in whole or part, the product of a diseased animal or of an animal which has died other than by slaughter;
6)              if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
7)              if it has passed its expiry date.

b)1)         If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom and the same has not been substituted by any healthful equivalent of such constituent;
2)              if any substance, not a valuable constituent, has been added or substituted or in part therefor;
3)              if damage or inferiority has been concealed in any manner; or
4)              if any substance has been added thereto or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

c)              if it is, or bears or contains a color additive which is unsafe under existing regulations: Provided, That the Department shall promulgate regulations providing for the listing of color additives which are harmless and suitable for use in food for which tolerances have been established;

d)              if it is confectionary, and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glass not in excess of four-tenths (4/10) of one per centum (1%) natural gum and pectin: Provided, That this clause shall not apply to a safe non-nutritive article or substance if, in the judgment of the Department as provided by regulations, (1) such article or substance is of practical functional value in the manufacture, packaging or storage of such confectionery, (2) if the use of the substance does not promote deception of the consumer or otherwise results in adulteration or mislabeling in violation of any provision of this Act, and (3) would not render the product injurious or hazardous to health: Provided, further, That this paragraph shall not apply to any confectionery by reason of its containing less than one-half (1/2) of one per centum (1%) by volume of alcohol, derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substance: Provided, finally, That the Department may, for the purposes of avoiding or resolving uncertainty as to the application of this clause, promulgate regulations allowing or prohibiting the use of particular non-nutritive substances;

e)              if it is oleomargarine, margarine or butter and any of the raw materials used therein consists in whole or in part of any filthy, putrid or decomposed substance, or such oleomargarine, margarine or butter is otherwise unfit for food;

f)               if it has not been prepared in accordance with current acceptable manufacturing practice established by the Department through regulations.

ARTICLE 35.  Adulterated Cosmetics. — A cosmetic shall be deemed to be adulterated:

a)              if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the condition of use prescribed in the labeling thereof, or under the condition of use as are customary or usual: Provided, That this provision shall not apply to color additive hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution: this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness" and labeling of which bears adequate directions for such preliminary testing. For purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.

b)              if it consists in whole or in part of any filthy, putrid, or decomposed substance.

c)              if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

d)              if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

e)              if it is not a hair dye, and it bears or contains color additive other than which is permissible.

f)               if any of its substances has been (1) mixed or packed therewith so as to reduce its quality or strength or (2) substituted wholly or in parts therefor.

ARTICLE 36.  Factory Inspection. — a) For purposes of enforcement of this Article, officers or employees duly designated by the Department, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable hours, any factory, warehouse or establishment in which food, drugs, devices or cosmetics are manufactured, processed, packed or held, for introduction into domestic commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in domestic commerce; and (2) to inspect, in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.

b)              If the officer or employee making any such inspection of a factory, warehouse or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.

c)              Whenever in the course of any such inspection of a factory or other establishment where food is manufactured, processed or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge.

ARTICLE 40. Prohibited Acts. — The following acts and the causing thereof are hereby prohibited:

a)              the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated or mislabeled;

b)              the adulteration or misbranding of any food, drug, device, or cosmetic;

c)              the refusal to permit entry or inspection as authorized by Article 36 to allow samples to be collected;

d)              the giving of a guaranty or undertaking referred to in Article 41(b) hereof which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Article 41(b) which guaranty or undertaking is false;

e)              forging, counterfeiting, simulating, or falsely representing or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this Act;

f)               the using by any person to his own advantage, or revealing, other than to the Department or to the courts when relevant in any judicial proceeding under this Act, any information concerning any method or process which as a trade secret is entitled to protection;

g)              the alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such product is held for sale (whether or not the first sale) and results in such product being adulterated or mislabeled;

h)              the use, on the labeling of any drug or in any advertising relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under Article 31 hereof, or that such drug complies with the provisions of such articles;

i)               the use, in labeling, advertising or other sales promotion, of any reference to any report or analysis furnished in compliance with Section 19 of Executive Order 175, series of 1987;

j)               the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device which is not registered with the Department pursuant to this Act;

k)              the manufacture, importation, exportation, sale, offering for sale, distribution, or transfer of any drug or device by any person without the license from the Department required in this Act;

l)               the sale or offering for sale of any drug or device beyond its expiration or expiry date;

m)            the release for sale or distribution of a batch of drugs without batch certification when required under Article 34 hereof.

Ecological Solid Waste Management Act Republic Act No. 9003 

SECTION 27.  Requirement for Eco-Labeling — The DTI shall formulate and implement a coding system for packaging materials and products to facilitate waste recycling and re-use.

SECTION 30.  Prohibition on the Use of Non-Environmentally Acceptable Packaging. — No person owning, operating or conducting a commercial establishment in the country shall sell or convey at retail or possess with the intent to sell or convey at retail any products that are placed, wrapped or packaged in or on packaging which is not environmentally acceptable packaging: Provided, That the Commission shall determine a phaseout period after proper consultation and hearing with the stakeholders or with the sectors concerned. The presence in the commercial establishment of non-environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey the same at retail to customers.

Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or transportation of commercial products within the country shall file a report with the concerned local government unit within one (1) year from the effectivity of this Act, and annually thereafter, a listing of any products in packaging which is not environmentally acceptable. The Commission shall prescribe the form of such report in its regulations.

A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the establishment in which the violation occurs.

SECTION 48.         Prohibited Acts. — The following acts are prohibited:

(1)            Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;

(2)            Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this Act;

(3)            The open burning of solid waste;

(4)            Causing or permitting the collection of non-segregated or unsorted waste;

(5)            Squatting in open dumps and landfills;

(6)            Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas;

(7)            Unauthorized removal of recyclable material intended for collection by authorized persons;

(8)            The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

(9)            Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

(10)         The manufacture, distribution or use of non-environmentally acceptable packaging materials;

(11)         Importation of consumer products packaged in non-environmentally acceptable materials;

(12)         Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

(13)         Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under this Act;

(14)         Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;

(15)         The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfills; and

(16)         The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions thereof.

Ecological Solid Waste Management Act (Republic Act No. 9003) 

Establishes the National Solid Waste Management Commission.
Mandates the creation of a National Solid Waste Management Status Report.
Prohibits open burning of solid waste, open dumping, and the use of non-environmentally acceptable packaging materials.

Consumer Act of the Philippines (Republic Act No. 7394)

Prohibits the adulteration and mislabeling of food, drugs, devices, and cosmetics.
Supports eco-labeling and environmentally acceptable packaging materials.

Civil Code (Article 2187)

Imposes strict liability for manufacturers and processors for harm caused by noxious substances, without requiring a contractual relationship.

Poland

Polish Civil Code:

Liability for Damage Caused by a Hazardous Product.

Article. 449(1) . Manufacturer's risk.

§ 1. Anyone who, within the scope of his business activity, manufactures (manufacturer) a hazardous product is liable for damage caused to any person by the product.
§ 2. A product means a movable even if it is attached to another thing. A product also means animals and electricity.
§ 3. A product is hazardous if it does not guarantee the safety that could be expected based on normal use of the product. Circumstances at the time the product is put into circulation, and especially the manner in which the product is presented on the market and the information provided to the consumer regarding product properties, decide whether the product is hazardous. A product cannot be deemed unsafe only because a similar improved product is put into circulation at a later time.

Article. 449(2). Damage to property.

A manufacturer is liable for damage to property only if the thing destroyed or damaged is considered a thing which is usually intended for personal use and the aggrieved party primarily used it for this purpose

Article. 449(3) Releasing circumstances.

§ 1. A manufacturer is not liable for damage caused by a hazardous product if it did not put the product into circulation or if the product was put into circulation outside the scope of its business activity.
§ 2. A manufacturer is not liable if the properties of a hazardous product are revealed after the product is put into circulation unless they are due to an element inherent in the product. Neither is the manufacturer liable if the hazardous properties of the product could not have been foreseen based on scientific and technological conditions at the time the product was put into circulation or if the properties resulted from the application of legal regulations

The Combatting Unfair Market Practices Act

Article 106 (1) The President of the Office of Competition and Consumer Protection (OCCP), in accordance with the Act on Competition and Consumer Protection, may impose fines on entrepreneurs for practices infringing collective consumer interests. Greenwashing may be such a practice as it violates the Act on Combatting Unfair Market Practices, which transposes Directive 2005/29/EC into Polish law. For the use of such practices, the President of the OCCP may impose a fine of up to 10% of the turnover achieved in the financial year preceding the year of imposing the fine

The Ethical Advertisement Code - V. ENVIRONMENTAL ADVERTISING

Article 33

Environmental advertisements must not undermine public trust in appropriately performed activities undertaken within the framework of environmental care. The message of environmental advertisements must not be factually inaccurate, unmeasurable or unverifiable.

Article 34

1. Environmental advertisements should be written in an explicit, simple and understandable language. Environmental or scientific terms may be used in an environmental advertisement provided that they are material to the overall message and understandable for the average recipient.
2. Environmental advertisements relating to the future environmental impact must be based on clear, objective goals, aspirations and commitments

Article 35

1. Environmental advertisements should not present the requirements imposed by law on all products in a given product category, or any features otherwise common to all products in the same category as distinguishing features unique for the advertiser's offer.
2. If the truthfulness of an environmental advertisement depends on the existence of certain conditions or reservations, these conditions or reservations should be indicated in the advertisement.

Article 36

1. Environmental advertisements should refer to a specific product or activity of the advertiser, and in its message the environmental advertisement must not extend the advertising effect to the entire activity of the advertiser in an unfounded or unverifiable manner.
2. Environmental advertisements of a product should be different from environmental advertisements relating to the advertiser's operations, practices and sustainability policies.

Article 37

Environmental advertisements should be evaluated on a case-by-case basis, from the perspective of the recipient and taking into account the social, cultural and linguistic factors of the market in which they will be broadcast.

Article 38

The environmental benefits of a given product indicated or depicted in an advertisement must be related to the product's characteristics. Where environmental benefits relate to characteristics that occur periodically at a particular stage or stages of a product's life cycle, the advertisement must inform the recipient thereof.

Article 39

The general presentation of the subject of an environmental advertisement, its individual elements and the information on its subject may not be misleading about the existence of environmental benefits concerning the subject.

Article 40

Environmental advertisements, including, without limitation, the wording used in them that refers to environmental impact, should be justified in a way that is understandable to the recipient. The justification should be based on verifiable evidence, taking into account the state of knowledge, including, without limitation, scientific or specialised knowledge, on the subject relevant to the advertisement on the date of its broadcast.

Article 41

Information referring to waste management may be included in an advertisement only if the recommended waste sorting, collecting, recycling or disposal method is understandable and easily accessible for the recipient. Otherwise, the advertisement must explicitly and in an understandable manner indicate the manner and scope of access to the indicated methods.

Article 42

If environmental advertisements contain comparisons, including general comparisons or comparisons to other products, then only products or services that perform the same function may be compared. Environmental advertisements may compare one or more material, relevant, verifiable, and representative characteristics of these products. Environmental advertisements should indicate the comparison criteria that have been adopted. The same scientifically valid methods and criteria of comparison should be applied to assess all products being compared in a consistent manner.

Environmental Protection Law Act

Contains provisions for compensation and injunctive relief for environmental harm.

Act on Combating Unfair Market Practices

Addresses misleading commercial practices and provides a mechanism for compensation claims.

Polish Civil Code

Article 415: Basis for tort liability.

Product Liability (Article 4493): Details the liability of manufacturers for harm caused by defective products.

Article 76: Provides the legal framework for consumer protection.

Act on Competition and Consumer Protection

Empowers the Office of Competition and Consumer Protection (OCCP) to protect consumer interests and impose fines for practices infringing collective consumer interests.

Act on the Assertion of Claims in Group Proceedings

Allows for group litigation on an 'opt-in' basis for claims based on product liability, tort, and other civil liabilities.

United Kingdom

Consumer Protection Act, 1987

Section 2 - Liability for defective products 

(1) Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage.

(2) This subsection applies to—

(a) the producer of the product;
(b) any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;
(c) any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.

(3) Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product in question is comprised or to any other person) shall be liable for the damage if—

(a) the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or not) to whom subsection (2) above applies in relation to the product;
(b) that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable for the person making the request to identify all those persons; and
(c)the supplier fails, within a reasonable period after receiving the request, either to comply with the request or to identify the person who supplied the product to him.

(4) Neither subsection (2) nor subsection (3) above shall apply to a person in respect of any defect in any game or agricultural produce if the only supply of the game or produce by that person to another was at a time when it had not undergone an industrial process.

(5) Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several.

(6) This section shall be without prejudice to any liability arising otherwise than by virtue of this Part.

Section 4 Defences 

(1) In any civil proceedings by virtue of this Part against any person ("the person proceeded against") in respect of a defect in a product it shall be a defence for him to show—

(a)that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any Community obligation; or

(b) that the person proceeded against did not at any time supply the product to another; or

(c) that the following conditions are satisfied, that is to say—
(i) that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business of that person's; and
(ii) that section 2(2) above does not apply to that person or applies to him by virtue only of things done otherwise than with a view to profit; or

(d)that the defect did not exist in the product at the relevant time; or

(e)that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control; or

(f) that the defect—
(i)constituted a defect in a product ("the subsequent product") in which the product in question had been comprised; and
(ii)was wholly attributable to the design of the subsequent product or to compliance by the producer of the product in question with instructions given by the producer of the subsequent product.

(2) In this section "the relevant time", in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed, and in relation to any other product, means—

(a) if the person proceeded against is a person to whom subsection (2) of section 2 above applies in relation to the product, the time when he supplied the product to another;

(b) if that subsection does not apply to that person in relation to the product, the time when the product was last supplied by a person to whom that subsection does apply in relation to the product.

Section 5 Damage giving rise to  liability 

(1) Subject to the following provisions of this section, in this Part "damage" means death or personal injury or any loss of or damage to any property (including land).

(2) A person shall not be liable under section 2 above in respect of any defect in a product for the loss of or any damage to the product itself or for the loss of or any damage to the whole or any part of any product which has been supplied with the product in question comprised in it.

(3) A person shall not be liable under section 2 above for any loss of or damage to any property which, at the time it is lost or damaged, is not—
(a) of a description of property ordinarily intended for private use, occupation or consumption; and
(b) intended by the person suffering the loss or damage mainly for his own private use, occupation or consumption.

(4) No damages shall be awarded to any person by virtue of this Part in respect of any loss of or damage to any property if the amount which would fall to be so awarded to that person, apart from this subsection and any liability for interest, does not exceed £275.

(5) In determining for the purposes of this Part who has suffered any loss of or damage to property and when any such loss or damage occurred, the loss or damage shall be regarded as having occurred at the earliest time at which a person with an interest in the property had knowledge of the material facts about the loss or damage.

(6) For the purposes of subsection (5) above the material facts about any loss of or damage to any property are such facts about the loss or damage as would lead a reasonable person with an interest in the property to consider the loss or damage sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

(7) For the purposes of subsection (5) above a person's knowledge includes knowledge which he might reasonably have been expected to acquire—
(a)from facts observable or ascertainable by him; or
(b)from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek;
but a person shall not be taken by virtue of this subsection to have knowledge of a fact ascertainable by him only with the help of expert advice unless he has failed to take all reasonable steps to obtain (and, where appropriate, to act on) that advice.

(8) Subsections (5) to (7) above shall not extend to Scotland.

Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

Regulation - Misleading actions 

(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—
(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and
(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(3) A commercial practice satisfies the conditions of this paragraph if—
(a) it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or
(b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i) the trader indicates in a commercial practice that he is bound by that code of conduct, and
(ii) the commitment is firm and capable of being verified and is not aspirational,

and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

(4) The matters referred to in paragraph (2)(a) are—
(a) the existence or nature of the product;
(b) the main characteristics of the product (as defined in paragraph 5);
(c) the extent of the trader's commitments;
(d) the motives for the commercial practice;
(e) the nature of the sales process;
(f) any statement or symbol relating to direct or indirect sponsorship or approval of the trader or the product;
(g) the price or the manner in which the price is calculated;
(h) the existence of a specific price advantage;
(i) the need for a service, part, replacement or repair;
(j) the nature, attributes and rights of the trader (as defined in paragraph 6);
(k) the consumer's rights or the risks he may face.

(5) In paragraph (4)(b), the "main characteristics of the product" include—
(a) availability of the product;
(b) benefits of the product;
(c) risks of the product;
(d) execution of the product;
(e) composition of the product;
(f) accessories of the product;
(g) after-sale customer assistance concerning the product;
(h) the handling of complaints about the product;
(i) the method and date of manufacture of the product;
(j) the method and date of provision of the product;
(k) delivery of the product;
(l) fitness for purpose of the product;
(m) usage of the product;
(n) quantity of the product;
(o) specification of the product;
(p) geographical or commercial origin of the product;
(q) results to be expected from use of the product; and
(r) results and material features of tests or checks carried out on the product.

(6) In paragraph (4)(j), the "nature, attributes and rights" as far as concern the trader include the trader's—
(a) identity;
(b) assets;
(c) qualifications;
(d) status;
(e) approval;
(f) affiliations or connections;
(g) ownership of industrial, commercial or intellectual property rights; and
(h) awards and distinctions.

Regulation 6 — Misleading omissions 

(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph

(2) (a) the commercial practice omits material information,
(b) the commercial practice hides material information,
(c) the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or
(d) the commercial practice fails to identify its commercial intent, unless this is already apparent from the context, and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(2) The matters referred to in paragraph (1) are—
(a) all the features and circumstances of the commercial practice;
(b) the limitations of the medium used to communicate the commercial practice (including limitations of space or time); and
(c) where the medium used to communicate the commercial practice imposes limitations of space or time, any measures taken by the trader to make the information available to consumers by other means.

(3) In paragraph (1) "material information" means—
(a) the information which the average consumer needs, according to the context, to take an informed transactional decision; and
(b) any information requirement which applies in relation to a commercial communication as a result of a Community obligation.

(4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—
(a) the main characteristics of the product, to the extent appropriate to the medium by which the invitation to purchase is communicated and the product;
(b) the identity of the trader, such as his trading name, and the identity of any other trader on whose behalf the trader is acting;
(c) the geographical address of the trader and the geographical address of any other trader on whose behalf the trader is acting;
(d) either—

(i) the price, including any taxes; or
(ii) where the nature of the product is such that the price cannot reasonably be calculated in advance, the manner in which the price is calculated;

(e) where appropriate, either—

(i) all additional freight, delivery or postal charges; or
(ii) where such charges cannot reasonably be calculated in advance, the fact that such charges may be payable;

(f) the following matters where they depart from the requirements of professional diligence—

(i) arrangements for payment,
(ii) arrangements for delivery,
(iii) arrangements for performance,
(iv) complaint handling policy;

(g) for products and transactions involving a right of withdrawal or cancellation, the existence of such a right.

Consumer Rights Act

Section 9 -- Goods to be of satisfactory quality 

(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a) any description of the goods,
(b) the price or other consideration for the goods (if relevant), and
(c) all the other relevant circumstances (see subsection (5)).

(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of that kind are usually supplied;
(b) appearance and finish;
(c) freedom from minor defects;
(d) safety;
(e) durability.

(4) The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
(a) which is specifically drawn to the consumer's attention before the contract is made,
(b) where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
(c) in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.

(5) The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer.

(6) That includes, in particular, any public statement made in advertising or labelling.

(7) But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that—
(a) when the contract was made, the trader was not, and could not reasonably have been, aware of the statement,
(b) before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or
(c) the consumer's decision to contract for the goods could not have been influenced by the statement.

(8) In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom.

(9) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Section 11 -- Goods to be as described 

(1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

(2) If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

(3) A supply of goods is not prevented from being a supply by description just because—
(a) the goods are exposed for supply, and
(b) they are selected by the consumer.

(4) Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

(5) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.

(6) See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.

(7) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Sales of Goods Act

Section 13 Sale by description 

(1)here there is a contract for the sale of goods by description, there is an implied [F1term] that the goods will correspond with the description.

[F2(1A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.]

(2) If the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

(3) A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.

(4) Paragraph 4 of Schedule 1 below applies in relation to a contract made before 18 May 1973.

[F3(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).]

Section 13 -- Goods to match a sample 

(1) This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2) Every contract to which this section applies is to be treated as including a term that—
(a) the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer's attention before the contract is made, and
(b) the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

(3) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Misrepresentation Act

Provides for damages and rescission of contract in cases of reliance on misstatements that induce a contract.

Financial Services and Markets Act 1990 (FSMA)

Section 90: Special duty to compensate for misleading corporate disclosures.

Section 90A: Liability for misleading statements, omissions, or delays in publishing information relating to securities.

The FSMA provides a framework for compensating victims of misleading corporate disclosures, emphasizing the significance of honest and accurate information in financial markets.

Consumer Protection Act 1987 (CPA)

Imposes strict liability on manufacturers of defective products for harm caused by those products.

The CPA outlines that a product is defective if it does not ensure the safety that the public is entitled to expect, incorporating considerations of the state of the art at the time of supply.

Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)

Prohibits misleading actions and omissions in trade that deceive or are likely to deceive the average consumer.

Consumer Rights Act

Specifies that goods must comply with the description and be of satisfactory quality.

United States 

FEDERAL LAW

The Consumer Protection Procedures Act (CPPA) 

The District of Columbia's general consumer protection law, which prohibits a wide variety of deceptive and unconscionable business practices, is called the Consumer Protection Procedures Act or "CPPA."  It is codified at DC Official Code §§ 28-3901 to 28-3913.

STATE LAW

Maryland Consumer Protection Act: 

Articles § 13-102. Legislative findings; statement of purpose 

(a)(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b)(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.

State Consumer Protection and Consumer Fraud Laws

Various laws across states addressing consumer protection and fraudulent practices.

Maryland Consumer Protection Act (CPA)

Example of state law used in litigation against fossil fuel companies for misleading information about climate change impacts.

District of Columbia Consumer Protection Procedures Act (CPPA)

Used to allege deceptive conduct by fossil fuel companies concerning climate change impacts.

California Consumers Legal Remedies Act and New York General Business Law

Invoked in class action lawsuits for greenwashing and misleading environmental claims.