Written question asked by John Greenway (Conservative) on Friday, 14 December 2007, in the House of Commons. It was due for an answer on Tuesday, 18 December 2007. It was answered by Gareth Thomas (Labour) on Monday, 18 February 2008 on behalf of the Department for Business, Enterprise and Regulatory Reform.

Packaging: Misleading Advertising

Question: To ask the Secretary of State for Business, Enterprise and Regulatory Reform (1) whether he plans through the implementation of the Unfair Commercial Practices Directive to increase consumer protection from misleading copycat packaging;

Answer: The Office of Fair Trading and Trading Standards Departments will have a duty to enforce the Consumer Protection from Unfair Trading Regulations (CPRs) implementing the Unfair Commercial Practices Directive. The Government believe that these enforcement arrangements suffice to adequately enforce the CPRs, including in relation to misleading copycat packaging design. OFT and Trading Standards Departments will have to act in a manner consistent with their duty to enforce the Regulations. Indeed the Gowers Review of Intellectual Property notes that in this context the Local Authority Co-ordinators of Regulatory Services have said that once the UCPD is in place they will act on behalf of consumers by pursuing businesses who act improperly.For this reason the Government do not propose to allow businesses to enforce the regulations. However, they will review the position three years after the regulations come into force.

Secondary information