Competition Commission warns against false advertisements

The Gambia Competition and Consumer Protection Commission (GCCPC) has issued a statement warning businesses to desist from false advertisements aimed at deceiving consumers to buy their products. The statement reads: “The GCCPC has the overriding mandate to protect consumers from unfair and misleading market conduct, by virtue of the Consumer Protection ACT 2014. It has come to the notice of the Commission that some businesses and individuals are engaged in false and misleading advertisements.

The Commission is hereby warning everyone to desist from such practices as it is a breach of Section 12 of the Consumer Protection Act 2014. Any person found wanting shall be liable to penalty of a fine of up to 10% of the turnover of the enterprise or business”.

The Gambia Competition and Consumer Protection Commission (GCCPC) has the overriding mandate to protect consumers from unfair and misleading market conduct, by virtue of the Consumer Protection ACT 2014. It has come to the notice of the Commission that some businesses and individuals are engaged in false and misleading advertisements. The Commission is hereby warning everyone to desist from such practices as it is a breach of Section 12 of the Consumer Protection Act 2014. Any person found wanting shall be liable to penalty of a fine of up to 10% of the turnover of the enterprise or business.  The Regulations under Section 12 states as follows:

1. Advertisements shall conform to the rules of decency, sincerity and shall not exploit superstition, ignorance or fear.
2. False or misleading advertisements that may lead consumers to mistake, misunderstand, or confuse-
(a) The geographic, business or other origin of the offered goods or services;
(b) The components or ingredients of the goods offered;
(c) The benefits or repercussions of the use of such goods or hiring of services;
(d) The basic characteristics of the goods sold or services supplied;
(e) The correct date of manufacture or useful life of technology;
(f) The terms of warranties as offered;
(g) The official or private, domestic or foreign recognitions, approvals or distinctions licenses, such as patents, trademarks, medals, awards prizes or diplomas;
(h) The price of the offered goods or services and terms of payment; and
(i) Any other information material to the transaction.
3. A person shall not engage in abusive advertising such as-
(a) Unfair or discriminatory advertising;
(b) Advertising likely to incite violence;
(c) Advertising exploitation fear;
(d) Advertising exploiting children;
(e) Advertising infringing environmental values; or
(f) Advertising capable of leading consumers to behave in a manner detrimental or hazardous to their health or safety.
4. A person or entity engaged in promotional advertising shall indicate the duration, volume of goods or services offered as well as the general conditions, warranties and terms of the promotion.
5. A supplier shall not advertise goods or services which he or she does not intend to offer for sale or provide in reasonable quantities at the price advertised.

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