You are here: Home > Guides + Tips > Guides to Consumer Law > Advertising

logo

Consumer law and advertising

Misleading advertising means advertising that misinforms or is likely to misinform anyone who sees it.

Advertising misleads when it makes a false or incorrect claim about a product or service to persuade the consumer to buy it.

The laws about ads require that they must not mislead consumers and that they should be legal, decent, honest and truthful.

Under the main law about ads in Ireland, the Consumer Protection Act 2007, it is illegal for an advertiser or business to make false or misleading claims about goods, services or prices.

All types of communications that promote goods or services are covered by the Act, including:

  • Ads
  • A notice in a shop
  • A claim made by a sales assistant about a product or service

 

Examples

Here are some examples of how ads can be misleading.

1. The ad contains a false statement about the goods or services

Example: The ad says the product is waterproof, but it lets in the rain.

2. The ad misrepresents the price or the way it is calculated

Example: The ad shows a top-spec car, but the price is for the base model with no extras. The ad does not explain this.

Example: The ad claims there is "50% off everything", but when you go to the shop you find that this claim applies only to certain items.

3. The ad says the goods or services will be supplied under conditions that are not true

Example: The ad says 'free delivery' but there is a delivery fee or charge.

4. The ad gives untrue information about the business

Example: The ad says "an Irish-based company" but the company is actually based abroad.

5. The information in the ad is true but it gives a false impression

Example: The ad shows a moving toy but it doesn't tell you the toy needs batteries to make it work.

What to do

Under the Act, the NCA can try to stop misleading advertising. We can tell any person or business who uses or plans to use misleading advertising not to use it.

You should first complain to the person or business that sold the goods or supplied the service that was advertised. You can also complain to the NCA about possible misleading ads.

Who else to turn to

The NCA is responsible for ads offering credit sale, hire purchase or lease agreements. However, additional rules apply to ads about financial services in Ireland, and the Financial Regulator is responsible for all other financial advertising.

The NCA does not deal with offensive advertising. If you find an ad offensive or wish to complain about questionable standards in an ad, contact the Advertising Standards Authority.

The Broadcasting Complaints Commission handles broadcasting complaints about radio and TV broadcasters licensed within the Republic of Ireland. It deals with complaints about any broadcast content - both programmes and commercials.

Learn more

This guide is a summary of our booklet on consumers and advertising (PDF, 672 KB)

Check the Financial Regulator's website

Visit the Advertising Standards Authority of Ireland website

Find out more about the Broadcasting Complaints Commission