Acts Online
GT Shield

Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part D : Right to disclosure and information

24. 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;


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.