The Business Protection from Misleading Marketing Regulations 2008
Made - - - - 8th May 2008 Coming into force - - 26th May 2008
The Secretary of State, being a Minister designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to measures relating to the control of advertising, makes the following Regulations in exercise of the powers conferred upon him by section 2(2) of
that Act;
In accordance with paragraph 2(2) of Schedule 2 to that Act(c), a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
DEFINITIONS AND PROHIBITIONS
Citation and Commencement
1. These Regulations may be cited as the Business Protection from Misleading Marketing Regulations 2008 and shall come into force on 26th May 2008.
Interpretation
2.—(1) In these Regulations—
“advertising” means any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product and
“advertiser” shall be construed accordingly;
“code owner” means a trader or a body responsible for—
(a) the formulation and revision of a code of conduct; or
(b) monitoring compliance with the code by those who have undertaken to be bound by it;
“comparative advertising” means advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor;
