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

Chapter 2 : Fundamental Consumer Rights

Part F : Right to fair and honest dealing

41. 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.