- Introductory provision Section 1
- Scope of the Act Section 2
- Definitions Section 3
- Unfair marketing
- Annex to the Directive
- Section 4
- Good marketing practice
- Section 5
- Section 6
- Aggressive marketing
- Misleading marketing
- Section 8
- Identification of advertising
- Prohibition of misleading marketing
- Limitations in the means of communication etc.
- Invitations to purchase
- Misleading packaging dimensions
- Misleading copies
- Bankruptcy sales (konkursutförsäljningar)
- Clearance sales (Utförsäljningar)
- Discount sales (Realisationer)
- Section 8
- Comparative advertising
- Unsolicited advertising
- Warranty information
- Prohibitions and orders
- Prohibition of certain marketing Section 23
- Order to provide information Section 24
- Order to provide technical aids Section 25
- Conditional financial penalty Section 26
- Interim orders Section 27
- Orders and injunctions
- Erasure
- Where and by whom proceedings may be instituted
- Appeals
- Legal force
- Composition of the court etc.
- Procedural provisions
- Other provisions
Swedish Code of Statutes
SFS 2008:486
Published: 16 June 2008
The Marketing Act;
issued on 5 June 2008.
In accordance with a decision1 by the Riksdag, the following is enacted2.
Introductory provision
Section 1
The purpose of this Act is to promote the interests of consumers and business in connection with the marketing of products and to prevent marketing that is unfair to consumers and traders.
Provisions concerning marketing can be found in
1 Government Bill 2007/08:115, Report 2007/08:CU21, Riksdag Communication 2007/08:222.
2 Cf Directive 2006/114/EC of the European Parliament and the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21, Celex 32006L0114), Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23, Celex 389L0552), Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19, Celex 31997L0007), Directive 1999/44/EC of the European Parliament and Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12, Celex 31999L0044). Directive 2000/31/EC of the European Parliament and Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (OJ L 178, 17.7.2000, p. 1, Celex 32000L0031), Directive 2002/58/EC of the European Parliament and Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002,
p. 37, Celex 32002L0058), Directive 2002/65/EC of the European Parliament and Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16, Celex 32002L0065) and the Directive 2005/29/EC of the European Parliament and Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and the Council and Regulation (EC) No 2006/2004 of the European Parliament and the Council (OJ L 149, 11.6.2005, p. 22, Celex 32005L0029).
3* Swedish Code of Statutes SFS 2008:484–519
SFS 2008:486
Scope of the Act
Section 2
The Act applies when traders market or seek to acquire products as part of their business activity.
The Act also applies to television broadcasts by satellite that are governed by the Radio and Television Act (1996:844).
The Act also applies when the Consumer Ombudsman fulfils his obligations as competent authority under Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws.3
Definitions
Section 3
For the purposes of this Act the following terms have the meaning set out below
transaction decision: a decision made by a consumer or a trader concerning whether, how and under what conditions a product is to be bought, if all or part of the purchase sum is to be paid, if the product is to be retained or transferred, or if a contractual right in connection with the product is to be exercised, regardless of whether the consumer or trader decides to make a transaction or refrain from making a transaction,
electronic mail: an addressed or otherwise individualised electronic message in the form of text, voice, sound or image, sent via a public communications network and which can be stored on the network or in the recipient’s terminal equipment until the recipient retrieves it,
good marketing practice: generally accepted business practices or other established norms aimed at protecting consumers and traders in the marketing of products,
consumer: a natural person who makes a transaction mainly for purposes that fall outside business activity,
marketing:
advertising and other measures in the course of business activities which are intended to promote the sale of and access to products including a trader’s actions, omissions or other measures or behaviour before, during or after sale or delivery of products to consumers or traders,
3 OJ L 364, 9.12.2004, p. 1 (Celex 32004R2006).
SFS 2008:486
trader: a natural or legal person who makes a transaction for purposes connected with that person’s own business activity,
products: goods, services, real property, employment opportunities and other commodities.
Unfair marketing
Annex to the Directive
Section 4
Annex I to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council4 shall have the force of law in Sweden. The Government has published the relevant annex in the Swedish Code of Statutes.
In an examination of a matter in accordance with any of the provisions of Annex I to the Directive this Act shall be applicable.
The provisions of points 1–31 of Annex I to the Directive shall be applicable even if the marketing in question is directed towards traders.
The provisions of point 14 of Annex I to the Directive shall be applied to measures that have been taken in breach of this point unless the measure is covered by the Lotteries Act (1994:100).
Good marketing practice
Section 5
Marketing shall be consistent with good marketing practice.
Section 6
Marketing that contravenes good marketing practice under Section 5 is to be regarded as unfair if it appreciably affects or probably affects the recipient’s ability to make a well-founded transaction decision.
Aggressive marketing
Section 7
A trader may not use aggressive marketing.
Marketing is to be regarded as aggressive if it involves harassment, coercion, physical violence, threats or other aggressive ways of bringing pressure to bear.
Aggressive marketing is to be regarded as unfair if it appreciably affects or probably affects the recipient’s ability to make a well-founded transaction decision.
Aggressive marketing as specified in points 24–31 of Annex I to Directive 2005/29/EC are always to be regarded as unfair.
Misleading marketing
Section 8
Marketing that is misleading under any of the provisions of Sections 9, 10 or 12-17 is to be regarded as unfair if it affects or probably affects the recipient’s ability to make a well-founded transaction decision.
4 OJ L 149, 11.6.2005, p. 22 (Celex 32005L0029).
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Misleading marketing as specified in points 1-23 of Annex I to Directive 2005/29/EC are always to be regarded as unfair.
– the Aviation Act (1957:297), – the Consumer Credit Act (1992:830), – the Package Tours Act (1992:1672) – the Tobacco Act (1993:581), – the Alcohol Act (1994:1738), – the Deposit Guarantee Act (1995:1571) – the Radio and Television Act (1996:844), – the Act on the Obligation to Give Notice of Certain Financial Operations (1996:1006), – the Marketing of Crystal Glass Act (1996:1118),
– the Act on Consumer Protection in Timeshare Contracts (1997:218), – the Act on Cross-Border Payments within the European Economic Area (1999:268), – the Investor Compensation Act (1999:158) – the Act on Electronic Commerce and other Information Society Services (2002:562), – the Deposits Business Act (2004:299), – the Price Information Act (2004:347), – the Distance and Doorstep Selling Act (2005:59), – the Insurance Contracts Act (2005:104), – the Insurance Mediation Act (2005:405), and – the Franchise Disclosure Act (2006:484)