GNVQ Business - Legal and Ethical Restrictions

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Legal and Ethical Restrictions (Constraints) Affecting Promotional Campaigns

Whilst planning and carrying out the promotional activities I must be aware of the laws that may affect them. These laws could be the following:

Trade Descriptions Act 1968 - The Trade Descriptions Act 1968 is an Act which prevents manufacturers, retailers or service industry providers from misleading consumers as to what they are spending their money on. Applying a false trade description to goods is an absolute offence. I.e., provided it is shown that the description was applied and was false the offence is proved and the accused has to prove certain defences in order to escape conviction.

How this might affect the promotional activities – The Trades Descriptions Act of 1968 may affect promotional activities I plan to carry out for the launch of Cadbury’s Fuse Bar. This is because the act makes it illegal to mislead consumers and give false information on the product/service they are paying for. This means that whilst carrying out the promotional activities for the launch of the Cadbury’s Fuse Bar I will have to make sure that no misleading and/or false information is given to the consumer. For example if one of my promotional activities includes a television advertisement, there must not be any information in that advertisement that leads on the consumer to thinking something that is not true to the product/things involving the product.

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Sale of Goods Act 1979 - The Sale of Goods Act lays down several conditions that all goods sold by a trader must meet. These conditions are that the goods must be as described, of satisfactory quality and fit for purpose. “As described” refers to any advert or verbal description made by the trader. “Satisfactory quality” covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it doesn't give you any rights if a fault was obvious or pointed out to you at point of sale. “Fit for purpose covers not only the obvious purpose ...

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