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Misleading Advertisements

Volume 974: debated on Monday 26 November 1979

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asked the Secretary of State for Trade what protection is proposed under the EEC direction on misleading advertising for an advertiser who inadvertently publishes a misleading advertisement; what penalties may be imposed for any infringement; and if he will make a statement.

The proposals for a directive concerning misleading and unfair advertising, which have been submitted by the Commission to the Council of Ministers, are the subject of continuing discussions in the Council working party. In their present form, the proposals make no provision for an advertiser who has inadvertently published a misleading advertisement to rely on such defences as mistakes, accident or innocent publication. The choice of remedies is left to each member State, in so far as they are adequate and effective measures.