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Announcement (2008:487) On The Occasion Of The Marketing Practices Act (2008:486)

Original Language Title: Tillkännagivande (2008:487) med anledning av marknadsföringslagen (2008:486)

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Annex I to Directive 2005/29/EC

of 11 May 2005 on unfair commercial practices

business-to-consumers in the internal market and

amending Council Directive 84/450/EEC and European Parliament

and Council Directive 97/7/EC,

98/27/EC and 2002/65/EC and European Parliament and Council

Regulation (EC) No 2006/2004 the following content.

Commercial practices which are in all circumstances unfair

Misleading commercial practices

1. Claiming that the trader is a signatory to a code of conduct

When this is not the case.

2. Displaying a trust mark, quality mark or

equivalent without having obtained the necessary authorisation.

3. Claiming that a code of conduct recommended by a public

or body when this is not the case.

4. Claiming that a trader (including his commercial practices)

or a product has been approved, endorsed or

authorised by a public or private body when it has not

or making such a claim without complying with the terms of

the approval, endorsement or authorisation.

5. Offer products at a specified price without

the seller States that he has reasonable grounds to believe that he

will not be able to deliver, by myself or with the help of

subcontractor, these or equivalent products to the

specified price within a period and in such quantities that are reasonable with

regard to the product, the scale of advertising of the product

and the price offered (bait advertising).

6. Offer products at a specified price and then

(a)) refusing to show the consumer the product in question, or

b) refuse to accept an order or deliver the product

within a reasonable time, or

c) exhibit a defective copy of it, in order to

trying to sell a different product (a type of undue

caps offer).

7. Falsely stating that a product will be available

only for a very limited time, or that it will

be available only under specific conditions for a very

limited time, to get the consumer to make an immediate

decision without having adequate time or opportunity to make

an informed decision.

8. Undertaking to provide after-sales service to customers with

the trader before the purchase is communicated in a language

that is not an official language of the Member State in which the

the trader is located and then provide such service only

in another language without clearly informing the consumer of the

before he agrees to buy the product.

9. Stating or otherwise creating the impression that it is legal

to sell a product when it is not.

10. Production of consumers ' legal rights as distinctive

for the trader's offer.

11. Use materials from the media to advertise for a

product if the trader himself has paid for the material and

This is not shown in the advertising or by images or sounds that

clearly identifiable by the consumer (advertorial in editorial

form). This shall not prejudice the application of Council

Directive 89/552/EEC of 3 October 1989 on the coordination of

certain provisions laid down in the laws of the Member States and

administrative provisions relating to the pursuit of

television, as amended by European Parliament and Council directive


12. making a materially inaccurate claim concerning the nature and extent

of the risk consumers expose himself or his family for

If he or she does not buy the product.

13. Try to sell a product that is similar to another product,

made by a particular manufacturer in such a way as to

intentionally before mirrors the consumer that the product is made of

the same manufacturer, even though this is not the case.

14. Establishing, operating or promoting pyramid schemes where

consumers are enticed to participate because of the possibility to get

and this all is based on the fact that other consumers

told about the game, rather than on their sale or consumption

of a product.

15. Falsely claiming that the trader is about to

out of business or move to new premises.

16. State that products can help win at gambling.

17. Falsely claiming that a product is able to cure illnesses,

functional disorders or deformities.

18. Passing on materially inaccurate information on market conditions or

the possibility of finding the product with the intention of inducing the consumer

to acquire the product at conditions less favourable than those

the market normally can offer.

19. As a business method claim to arrange competitions or

promotion with prizes without sharing out the rates

described or a reasonable equivalent to these.

20. Describing a product as "gratis", "free", "without

charge "or similar if the consumer has to pay anything other than the

unavoidable cost of responding to the commercial practice and download

or pay for delivery of the product.

21. Including in marketing material an invoice or

similar document seeking payment which gives the consumer the impression he

have already ordered the marketed product when this is not the


22. Falsely claiming or creating the impression that the trader is

is not acting for purposes relating to his

trade, business, profession or

profession, or improperly impersonate the consumer.

23. Creating the false impression that the product service after

the sale is available in a Member State other than that in which

the product is sold.

Aggressive commercial practices

24. Give the impression that the consumer cannot leave the premises before

an agreement was drawn up.

25. Make personal visits to the consumer's home ignoring

his request to leave his home or not come back,

except in the circumstances and to the extent that according to

national legislation is justified in order to obtain a contractual


26. Take persistent and unwanted solicitations by telephone, fax, e-mail

mail or any other medium except under the conditions and in the

extent justified under national law for

to get a contractual obligation. This shall not

prejudice to the application of article 10 of the European Parliament and of the

Council Directive 97/7/EC of 20 May 1997 on the protection of consumers-

in respect of distance contracts and European Parliament and Council


95/46/EC of 24 October 1995 on the protection of individuals

with regard to the processing of personal data and on the free

movement of such data, as amended by European Parliament and

Council Regulation (EC) No 1882/2003 of the European Parliament and of the

Council Directive 2002/58/EC of 12 July 2002 concerning the processing of

personal data and the protection of privacy in the

electronic communications.

27. Requiring a consumer who wishes to claim compensation from the

an insurance policy, presenting documents that cannot reasonably be regarded as

relevant to whether the claim is valid, or systematic

failing to respond to the relevant correspondence on this subject, about

This is done for the purpose of inducing the consumer to waive

exercising his contractual rights.

28. That in an ad directly urge children to buy or to

persuade their parents or other adults to buy the

advertised products for them. This provision affects

application of article 16 of Directive

89/552/EEC on television broadcasting.

29. Demanding immediate or deferred payment for or

the return or safekeeping of products trader

provided however, that the consumer did not order (delivery

without prior order) but if the product is such a

compensation provided in accordance with article

7(3) of Directive 97/7/EC.

30. Explicitly informing the consumer that the trader's

work or livelihood is at stake if the consumer does not buy

the product or service.

31. Creating the false impression that the consumer has already won

or will win a prize or other equivalent benefit,

possibly after having performed a particular action,

-When in fact it is no prize or any

other equivalent benefit, or

-When the ability to claim the prize or another

equivalent benefit is subject to the consumer paying

money or incur a cost.