Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart D : Right to disclosure and information24. Product labelling and trade descriptions |
| 1) | For the purposes of this section, a trade description is applied to goods if it is— |
| a) | applied to the goods, or to any covering, label or reel in or on which the goods are packaged, or attached to the goods; |
| b) | displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the goods are designated or described by that description; or |
| c) | is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter, business paper or other commercial communication on the basis of which a consumer may request or order the goods. |
| 2) | A person must not— |
| a) | knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter implied or expressed in that trade description; or |
| b) | alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods in a manner calculated to mislead consumers. |
| 3) | A retailer of goods must— |
| a) | not offer to supply, display or supply any particular goods if the retailer knows, reasonably could determine or has reason to suspect that— |
| i) | a trade description applied to those goods is likely to mislead the consumer as to any matter implied or expressed in that trade description; |
or
| ii) | a trade description or trade mark applied to those goods has been altered as contemplated in subsection (2)(b); and |
| b) | with respect to any goods within the retailer’s control, take reasonable steps to prevent any other person from doing anything contemplated in paragraph (a) or subsection (2)(b). |
| 4) | The Minister may prescribe— |
| a) | categories of goods that are required to have a trade description applied to them, as contemplated in subsection (5); |
| b) | the rules to be used in accordance with any international agreement for the purpose of determining the country of origin of any goods or components of any goods; and |
| c) | the information that is required to be included in any trade description, from among the categories of information contemplated in the definition of ‘‘trade description’’ in section 1. |
| 5) | The producer or importer of any goods that have been prescribed in terms of subsection (4) must apply a trade description to those goods, disclosing— |
| a) | the country of origin of the goods; and |
| b) | any other prescribed information. |
| 6) | Any person who produces, supplies, imports or packages any prescribed goods must display on, or in association with the packaging of those goods, a notice in the prescribed manner and form that discloses the presence of any genetically modified ingredients or components of those goods in accordance with applicable regulations. |
