Guidelines for the Retail Sector on Price Promotions
Print size
It is common practice to include certain details in small print. While a reference to the size of small print is not specifically covered in the Consumer Protection Act 2007, it is important to keep in mind the requirements of
Section 46(1):
"A commercial practice is misleading if the trader omits or conceals material information that the average consumer would need, in the context, to make an informed transactional decision ("material information") and such practice would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make".
Section 46 (2):
"A commercial practice is misleading if the trader provides material information referred to in subsection (1) in a manner that is unclear, unintelligible, ambiguous or untimely...".
Traders should ensure that any advertisements / promotions and any agreements or contracts, containing material information in small print, comply with the requirements of the Act.
The information must be clear, easily read and easily understood. Print size should be legible. The size of the print used, its colour, background and the quality of the paper used are also relevant in this context.
The size of the small print should also be considered in the context of its size in proportion to the overall size of the advertisement.
For example, it is not acceptable to use small print relating to the terms and conditions, which is virtually illegible at the bottom of a full page advertisement in a newspaper. A trader who includes terms and conditions of an offer in such minute print could be regarded as breaching the Act.
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