Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart F : Right to fair and honest dealing41. False, misleading or deceptive representations |
| 1) | In relation to the marketing of any goods or services, the supplier must not, by words or conduct— |
| a) | directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer; |
| b) | use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception; or |
| c) | fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation, or permit or require any other person to do so on behalf of the supplier. |
| 2) | A person acting on behalf of a supplier of any goods or services must not— |
| a) | falsely represent that the person has any sponsorship, approval or affiliation; or |
| b) | engage in any conduct that the supplier is prohibited from engaging in under subsection (1). |
| 3) | Without limiting the generality of subsections (1) and (2), it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that— |
| a) | the supplier of any goods or services has any particular status, affiliation, connection, sponsorship or approval that they do not have; |
| b) | any goods or services— |
| i) | have ingredients, performance characteristics, accessories, uses, benefits, qualities, sponsorship or approval that they do not have; |
| ii) | are of a particular standard, quality, grade, style or model; |
| iii) | are new or unused, if they are not or if they are reconditioned or reclaimed, subject to subsection (4); |
| iv) | have been used for a period to an extent or in a manner that is materially different from the facts; |
| v) | have been supplied in accordance with a previous representation; or |
| vi) | are available or can be delivered or performed within a specified time; |
| c) | any land or other immovable property— |
| i) | has characteristics that it does not have; |
| ii) | may lawfully be used, or is capable of being used, for a purpose that is in fact unlawful or impracticable; or |
| iii) | has or is proximate to any facilities, amenities or natural features that it does not have, or that are not available or proximate to it; |
| d) | the necessary service, maintenance or repair facilities or parts are readily available for or within a reasonable period; |
| e) | any service, part, replacement, maintenance or repair is needed or advisable; |
| f) | a specific price advantage exists; |
| g) | a charge or proposed charge is for a specific purpose; |
| h) | an employee, salesperson, representative or agent has the necessary authority to negotiate the terms of, or conclude, an agreement; |
| i) | the transaction affects, or does not affect, any rights, remedies or obligations of a consumer; |
| j) | a particular solicitation of, or communication with, the consumer is for a particular purpose; or |
| k) | the consumer will derive a particular benefit if they assist the supplier in obtaining a new or potential customer. |
| 4) | A representation contemplated in subsection (3)(b)(iii) to the effect that any goods are new is not false, misleading or deceptive if those goods have been used only— |
| a) | by or on behalf of the producer, importer, distributor or retailer; and |
| b) | for the purposes of reasonable testing, service, preparation or delivery. |
| 5) | Section 51 applies to any court proceedings concerning this section. |
