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Misleading: non-compliance with commitment under code of practice by which trader is bound.
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45.— (1) A commercial practice is misleading if—
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(a) it involves a representation that the trader abides, or is bound, by a code of practice,
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(b) the representation referred to in paragraph (a) would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make, and
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(c) the trader fails to comply with a firm commitment in that code of practice.
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(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
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(3) For the purposes of this section, a firm commitment in a code of practice is one that is not merely aspirational but is capable of being verified.
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