Section 123 Federal Competition and Consumer Protection Act 2018

Section 123 of the Federal Competition and Consumer Protection Act 2018 is about General standards for the marketing of goods and services. It is under Part XV (Consumers’ Rights) of the Act.

(1) A producer, importer, distributor, retailer, trader or service provider shall not, in pursuance of trade and for the purpose of promoting or marketing, directly or indirectly, goods or services make any representation to a consmner –

(a) in a manner that is likely to imply any false or incorrect representation concerning those goods or services;
(b) that is reasonably misleading or likely to be misleading in any material respect concerning those goods and services;
(c) in a manner that is erroneous, fraudulent or deceptive in any way, including in respect of-
(i) the nature, properties, advantages or uses of the goods or services,
(ii) the manner in, or conditions on, which those goods or services may be supplied,

(iii) the price at which the goods or services may be supplied, or the existence of, or relationship of the price
to, any previous price, or competitor’s price for comparable or similar goods or services,
(iv) the sponsoring of any event, or
(v) any other material aspect of the goods or services;

(d) in the form of a statement, warranty or guarantee of performance, efficacy or length of life of products that is not based on an adequate and proper test of the goods or services, the proof of which lies on the person making the representation;

(e) in a form that purports to be a warranty or a guarantee of any goods or services, or a promise to replace, maintain or repeat an article or any part thereof or to repeat or continue the service until it has achieved a specified result, if the form of purported warranty, guarantee or promise is materially misleading or there is no reasonable prospect that it will be carried out;

(f) to falsely represent to the public in the form of a statement, warranty or guarantee that services are of a particular kind, standard, quality or quantity, or are supplied by any particular undertaking or any undertaking of a particular trade, qualification or skill;

(g) that is materially a misleading representation to the public concerning the price at which particular goods or services or like goods or services have been, are or will be ordinarily supplied.

(2) For the purpose of this Act, the following types of representations shall be deemed to be made to the public by, and only by, the undertaking who caused it to be expressed, made or contained, that is to say, a representation that is –
(a) expressed on goods or services offered or displayed for sale;
(b) expressed on anything attached to, inserted in or accompanying goods offered or displayed for sale, their
wrapper or container, or anything on which the goods are mounted for display or sale;

(c) expressed on a display in the place where the goods or services are sold;
(d) made in the course of selling goods or serv1ces to the ultimate consumer; or
(e) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner made available to a member of the public.

(3) Where the undertaking referred to in subsection (2) is outside Nigeria, the representation shall be deemed to be made –
(a) in a case described in subsection (2) (a), (b) or (e), by the undertaking that imported the goods or services; and

(b) in the case described in subsection (2) (c), by the undertaking that imported the display into Nigeria.