Dáil Éireann Debate, Wednesday - 17 September 2014
389. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the legal requirements a retailer must comply with in describing an item as being on sale at a reduced price in terms of the length of time it must have been selling at the stated higher price; and if he will make a statement on the matter. [33504/14]
View answerThe legal requirements with which retailers must comply with when offering an item for sale at a reduced price are set out in the Consumer Protection Act 2007. The Act prohibits traders from misleading consumers, by act or omission, about the price of goods or services, the manner in which a price is calculated, or the existence and nature of a specific price advantage. Section 43(6) provides that, where a commercial practice involves a representation or creates an impression (whether in advertising, marketing or otherwise) that a product was previously offered at a different price or a particular price, consideration shall be given to whether the product was previously offered openly and in good faith at that price for a reasonable period of time before the representation was made.
The Guidelines on Price Promotions and Related Matters published by the National Consumer Agency in 2009 state that, while what constitutes a ‘reasonable period of time’ will depend on the circumstances, a period of 28 successive days in the previous three months would generally be considered reasonable. Exceptions to this 28 day guideline would apply in the cases, first, of perishable products with a short shelf life and, secondly, of seasonal products which should be on sale for at least 14 days in the previous three month period.
