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Misleading: marketing of goods as identical where significantly different
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154. The Act of 2007 is amended by the insertion of the following section after section 44:
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“44A. (1) A commercial practice is misleading if—
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(a) unless justified by legitimate and objective factors, it involves any marketing of goods in a Member State as being identical to goods marketed in other Member States where the goods have significantly different composition or characteristics, and
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(b) the marketing would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
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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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