Court action

The OFT can take action against any person appearing to be concerned or likely to be concerned with the publication of the advert. This could be the person placing the advert or the person publishing the magazine or newspaper in which the advert appears.

We will seek a High Court injunction or, in Scotland, an interdict. In most cases we will probably ask for an interim (a temporary) injunction which will prevent publication of the offending advertisement until the case can be fully argued in court.

The court can order any person responsible for the publication of an advertisement to provide evidence to show that any factual claims it makes are accurate. If no adequate evidence to substantiate such claims is provided, the court may refuse to regard them as accurate.

If the court decides that an advertisement is misleading or makes an unacceptable comparison, it must also consider all the interests involved - particularly the public interest.

It may then grant an injunction preventing further publication. This can cover other advertisements likely to convey a similar impression, and may also prohibit the advertiser from making the same claims or comparisons about other products or services. The injunction can be granted without proof of actual loss or damage or without proof of intention or negligence on the advertiser's part. Failure to obey an injunction could result in proceedings for contempt of court.

Back to: Control of Misleading Advertising Regulations