Caution over festive offers | The Times Group

Post was last updated: December 20, 2017

The Competition and Fair Trading Commission (CFTC) has asked Malawians to safeguard their rights during the festivite period by exercising caution with any offers or promotions as they might be misleading or deceptive.

CFTC says some traders take advantage of the celebratory mood to put up adverts that direct ly or indirect ly lead

consumers to misunderstand or confuse the price of offered goods or services, thereby breaching provisions of the Consumer Protection Act.

Responding to an emailed questionnaire, CFTC Executive Director, Wezi Malonda, said traders have an obligation to prevent any form of consumer harm and that those found in breach shall be guilty of fraud.

“According to the Consumer Protection Act, misleading advertising includes any type of business information, or communication, which can, directly or indirectly, expressly or by omission, lead a consumer to mistake, misunderstand or confuse the price of offered goods or services.

“To determine whether an advert is misleading or deceptive, the commission considers if the advert contains a false statement of fact; conceals or leaves out important facts; promises to do something but without any intention of carrying it out; or creates a false impression even if everything stated in it may be literally true,” Malonda said.

She said it remains mandatory for advertisers to provide consumers with true information on the goods being sold and that, where consumers feel that their rights have been violated, they have a right to redress.

“This includes the right to full, timely, adequate and prompt compensation for damages suffered by a consumer, which are attributed to a supplier or trader and we would like to remind traders of their obligations, which include taking necessary and appropriate measures to prevent any form of consumer harm. Consumers must be careful not to get robbed both inside and outside the trading premises due to unfair trade practices by traders.

“It is important for traders to ensure that their goods and services comply with minimum consumer safety standards. In particular, food supplies must have correct ingredients, measures or weights and proper labels and be sold within their useful life,” she said.

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