2.8.1. General misleading information

Article 6(1)(a) to (g) prohibit misleading actions which are capable of deceiving the average consumer on a wide range of elements, including: the existence of the product; its main characteristics (e.g. its composition, method of manufacture, geographical or commercial origin, the risks and results to be expected from its use); the price or the manner in which it is calculated or the existence of a specific price advantage; the nature, attributes and rights of the trader. Article 6 clearly covers any commercial practice which ‘ contains false information and is therefore untruthful’. Information about the product’s ‘main characteristics’ must be provided in an invitation to purchase in accordance with Article 7(4) UCPD and before the conclusion of the contract in accordance with the Consumer Rights Directive. Article 6(1)(b) UCPD prohibits providing incorrect information about the main characteristics of a product if it is likely to cause the average consumer to take a transactional decision they would not have taken otherwise. Articles 6(1)(c) and 6(1)(f) cover various information regarding the trader and the nature of the sales process. This may also include commercial practices where a trader falsely claims or implies that it is authorised to sell a product when the product is subject to a selective distribution network. A commercial practice, often referred to as ‘up to claims’, implies traders putting forward, as a marketing argument, the maximum benefit consumers can expect from the use of a product. An ‘up to claim’ may be found misleading within the meaning of Articles 6 if it does not reflect the reality of the offer made by the trader and if it is likely to cause the consumer to take a transactional decision they would not have taken otherwise. ‘Up to’ claims could be misleading if traders are not in a position to substantiate that consumers are likely to achieve the maximum results promised under normal circumstances. See also section 2.8.2 on price advantages. Whether an ‘up to’ claim is misleading must be assessed on a case-by-case basis. Different criteria could be relevant, such as: Whether they clearly disclose results and benefits that the average consumer can reasonably expect to achieve, including any applicable condition or limitation. Not doing so could qualify as misleading in relation to the product’s ‘main characteristics’: by omitting material information within the meaning of Article 7(4)(a) (in the case of an invitation to purchase); as a misleading action within the meaning of Article 6(1)(b) of the UCPD; Whether the trader has adequate evidence readily available to substantiate the claim within the meaning of Article 12 of the UCPD. Information provided to consumers should also not deceive or be likely to deceive the consumer in any way, including in the overall presentation, even if the information is factually correct. The UCPD does not provide for any formal requirement to indicate the geographical (or commercial) origin of a product or its composition (161). However, such requirements may exist in sector-specific legislation (162). Furthermore, under the UCPD, misleading the consumer on such elements could fall under the ban laid down in Article 6(1)(b) of the UCPD if such false or deceiving information is likely to make the consumer take a purchase decision they would not have taken otherwise. Some decisions by national courts specifically relate to the application of the UCPD to misleading origin claims. Questions have been raised also regarding the information about the composition of products, such as goods containing non-animal components labelled or marked with the term ‘leather’. Under Article 6(1)(g), traders should not mislead consumers over their consumer rights.

← sec_2_8__para__3 · All articles · sec_2_8_1__para →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.