false trade description meaning
A description of goods made in the course of a business that is false in respect of certain facts (see TRADE DESCRIPTION). Under the Trade Descriptions Acts 1968 and 1972 it is an offence to apply a false trade description to goods either directly, by implication, or indirectly (e.g.by tampering with a car's mileometer or painting over rust on the bodywork). It is also an offence to supply or offer to supply goods to which a false trade description is attached. These offences are triable either summarily or on indictment (in which case they carry a maximum two years' prison sentence). They are offences of strict liability, although certain specified defences are allowed (e.g. that the defendant relied on information supplied by someone else). The Acts are supplemented by the Fair Trading Act 1973.
- employer fined for wage offence customs charges man with supplying jewellery bearing false trade description with photos
- Applying a false trade description to goods is a strict liability offence : provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction.
- Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not.