Misleading advertising

What is misleading advertising under Irish consumer law?

Misleading advertising is advertising that contains false, deceptive or incomplete information. Irish consumer law protects you from misleading claims in adverts, catalogues, websites and social media.

Under Irish consumer law, an advertisement or claim is misleading if it contains false or deceptive information or leaves out important information. Misleading advertising covers claims by manufacturers, distributors and retailers, including consumer reviews, whether in adverts, catalogues, websites or social media.

What are examples of misleading advertising?

Examples of misleading advertising include:

• Making a false claim or giving a false impression about a good or service, such as falsely claiming a product is a different colour or has more features
• Misrepresenting the price, for example advertising a product at a sale price when it is not actually on sale
• Misrepresenting your consumer rights, for example saying your rights don’t apply when you buy during a sale
• Misrepresenting customer feedback, for example through false consumer reviews

What are the rules for consumer reviews?

Businesses must ensure that any reviews they display are genuine. They must take reasonable steps to confirm that reviews come from real consumers. Businesses cannot pay for false or misleading reviews or post fake reviews themselves.

What can you do about misleading advertising?

If you believe an advert is misleading or false, you should contact the CCPC. The CCPC is responsible for enforcing advertising rules in Ireland and we can take action against businesses that mislead consumers. You can also contact:

• The Advertising Standards Authority for Ireland (ASA) about potentially misleading adverts. The ASA promotes better standards in advertising.
• The Food Safety Authority of Ireland about the advertisement of food products.
• The Central Bank of Ireland about the advertising of credit.

What can you do if you have bought a product and it is not as it was described in an advertisement?

Products you buy should match any description that was provided. You may be entitled to a refund if a product you bought does not match the description. More information is available in our refunds section.

Next steps to resolve your consumer rights issue

• Contact the business informally first, explain the problem and try to work it out.
• Keep a record of all contact and communications in case you need to escalate your complaint later.
• If the problem is not resolved, make a formal written complaint to the business. You can use the CCPC complaint letter templates which outline your consumer rights to help you.
• If you paid by card, you may have the option to request a chargeback from your bank or financial services provider.
• If your claim is for €2,000 or less, you can use the small claims procedure.
• If the problem is not easily resolved, we encourage you to also report the business to the CCPC. Your report will inform our advocacy and enforcement activities.
• For more guidance, please visit our how to resolve an issue section.