Written answers

Thursday, 1 February 2007

Department of Enterprise, Trade and Employment

Consumer Protection

5:00 pm

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 187: To ask the Minister for Enterprise, Trade and Employment his views on whether it is misleading advertising when dishwasher detergents advertise a salt function or built in salt when in reality manufactures have only added a huge amount of phosphates to their formula to replace the function of a built-in component in every dishwasher such as an environmentally friendly ion-exchange water softener which removes calcium and limescale from the water as it enters the machine. [3199/07]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Merchandise Marks Act 1887, as amended by the Consumer Information Act 1978, makes it an offence to apply a false or misleading trade description to a wide range of characteristics of goods, including the material of which goods are composed. Directive 1984/450/EEC on Misleading Advertising, which was transposed into Irish law by the European Communities (Misleading Advertising) Regulations 1988, prohibits misleading advertising in regard, among other things, to the composition of goods.

The Consumer Protection Bill 2007 which I have published today will, when it has been passed and has come into force, replace these enactments. It will prohibit misleading commercial practices in regard, among other things, to the composition or ingredients of a product and its benefits, risks, and the results to be expected from its use. It will also prohibit the omission of material information about a product that consumers would need in order to make an informed decision about it.

It is a matter for the courts to determine whether or not a trade description or advertisement is false or misleading in any particular case. Complaints about false or misleading trade descriptions or advertisements may be referred to the Director of Consumer Affairs.

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