Consumer Information Act, 1978
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Number  1 of 1978
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CONSUMER INFORMATION ACT, 1978
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ARRANGEMENT OF SECTIONS 
Section 
1. Interpretation. 
2.	­ Extension of definitions of □ trade description □ and □ false trade 
description □ in Principal Act. 
3. Termination of certain defences under Principal Act. 
4. Provision in relation to application and use of trade descriptions. 
5. Trade descriptions in advertisements. 
6. False or misleading statements as to services, etc.. 
7. False or misleading indications of prices or charges. 
8. Misleading advertisements. 
9. Director of Consumer Affairs. 
10. Marking orders. 
11. Advertising orders. 
12. Definition orders. 
13. Ascertainment of names and addresses of advertisers. 
14. Provision of weighing facilities in places where food sold by retail. 
15. Prohibition or prevention of persons from reading retail prices. 
16. Powers of authorised officers. 
17. Penalties. 
18. Prosecution of offences.
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19. Offences in relation to bodies corporate and unincorporated bodies.
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  20. Onus of proof. 
21. Offences due to fault of other person. 
22. Defences. 
23. Exclusion of banks licensed under Central Bank Act, 1971. 
24. Trade marks containing trade descriptions. 
25. Saving for certain contracts. 
26. Provisions in relation to orders under this Act. 
27. Expenses of Minister. 
28. Short title, construction and collective citation. 
Number  1 of 1978
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CONSUMER INFORMATION ACT, 1978
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AN ACT TO MAKE FURTHER PROVISION IN RELATION TO 
INFORMATION GIVEN IN CONNECTION WITH GOODS, SERVICES, 
ACCOMMODATION OR FACILITIES, PROVIDED IN THE COURSE OF 
TRADE, TO PROVIDE FOR THE ESTABLISHMENT OF THE OFFICE OF 
DIRECTOR OF CONSUMER AFFAIRS, TO PROVIDE FOR THE POWERS AND FUNCTIONS OF THE OFFICE AND TO PROVIDE FOR RELATED MATTERS. [21 st February , 1978] 
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 
Interpretation. 1.□(1) In this Act□ 
□accommodation□ means living accommodation; 
□the Acts □ means the Merchandise Marks Acts, 1887 to 1970; 
□advertisement □ includes a catalogue, a circular and a price list; 
□the Director□ means the holder of the office of Director of Consumer Affairs 
established by section 9 of this Act; 
□goods □ includes ships, vehicles and aircraft, land, things attached to land and 
growing crops;
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□the Minister□ means the Minister for Industry, Commerce and Energy;
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□place □ includes any premises and any stall, vehicle, ship or aircraft;
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□the Principal Act □ means the Merchandise Marks Act, 1887;
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 Extension of 
definitions of 
trade 
description  
and  false 
trade 
description  in 
Principal Act. provide  in relation to a service or facility includes render  and cognate 
words shall be construed accordingly; 
service  includes any service provided by a person in the practice of a 
profession; 
services  does not include anything done under a contract of service; 
supply  includes offer to supply and cognate words shall be construed 
accordingly. 
(2) For the purposes of the Acts and this Act, a trade description or statement 
published in any newspaper, book or periodical or in any film or sound or 
television broadcast shall be deemed to be a trade description applied or statement 
made in the course of a trade, business or profession if, but only if, it is or forms 
part of an advertisement. 
(3) A person exposing goods for supply or having goods in his possession for 
supply shall be deemed, for the purposes of this Act, to offer to supply them. 
2.(1) Section 3 (1) of the Principal Act is hereby amended by the substitution 
for the definition of  trade description  of the following definition: 
trade description  means any description, statement or other indication, direct 
or indirect 
 Government of Ireland. Oireachtas Copyright Material is reproduced with the 
permission of the House of the Oireachtas 
Accessibility Statement | Privacy Statement | Disclaimer 
(a) as to the number, quantity, measure, gauge, capacity or 
weight of any goods, or 
(b) as to the place or country in which any goods were 
manufactured, produced, processed, reconditioned, 
repaired, packed or prepared for sale, or 
(c) as to the mode of manufacturing, producing, processing, 
reconditioning, repairing, packing or preparing for sale 
of any goods, or 
(d) as to the person by whom and the time at which any goods 
were manufactured, produced, processed, reconditioned, 
repaired, packed or prepared for sale, or 
(e) as to the material of which any goods are composed, or 
(f) as to any goods being the subject of an existing patent, 
privilege or copyright, or 
(g) as to the fitness for any purpose, strength, performance, 
behaviour or accuracy of any goods, or 
(h) as to any physical characteristic of any goods not referred 
to in the preceding paragraphs of this definition, or   
 
 
 
   
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
  
 
 
  
 
  
 
   
 
  (i) as to the conformity of any goods with any standard or their 
passing of any test or their commendation by any person, 
or 
(j) as to the identity of the supplier or distributor, or the 
standing, commercial importance, competence or 
capabilities of, the manufacturer, producer, supplier or distributor, of any goods, or 
(k) as to the contents of books or as to their authors, as to the 
contents of cinematograph films (within the meaning of the Performers' Protection Act, 1968 ) or as to their 
producers or as to the contents of recordings (within the 
meaning of the Performers' Protection Act, 1968 ) or as to the performers on such recordings, or 
(l) as to any history of any goods not referred to in the 
preceding paragraphs of this definition, including their previous ownership, 
and the use of any figure, word or mark which, according to the custom of the trade is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act;□ 
(2) (a) The definition of □false trade description □ in the said 
section 3 (1) shall be construed as if the references to false in a material respect were references to false to a material degree and included references to misleading to a material degree. 
(b) In paragraph ( a) of this subsection □ misleading to a 
material degree □ means likely to be taken for such an 
indication of any of the matters specified in the definition of □ trade description □ in the said section 3 
(1) of the Principal Act as would be false to a material degree. 
(c) Anything which, though not a trade description, is likely 
to be taken for an indication of any of the matters specified in the definition of □trade description □ in the 
said section 3 (1) and, as such an indication, would be false in a material respect, shall be deemed to be a false trade description. 
(d) A false indication or anything likely to be taken as an 
indication which would be false that any goods comply with a standard specified or recognised by any person or implied by the approval of any person shall be deemed to 
be a false trade description, if there is no such person or 
no standard so specified, recognised or implied. 
Termination 3.□(1) In a prosecution of a person for an offence under section 2 
of certain (1) of the Principal Act as amended by this Act in relation to the defences application to goods of a false trade description or the causing of under    
   
 
  
  
 
 
  
  
 
   
  
  
 
 
  
 
 
   
 
 
 
 
 
 
 
  
 
 
 
 
 
 Principal 
Act. 
Provision in 
relation to 
application 
and use of 
trade 
descriptions. such an application to be made, it shall not be a defence for the 
person to prove that he acted without intent to defraud. 
(2) In a prosecution of a person for an offence under section 2 (2) 
of the Principal Act as amended by this Act in relation to the sale, 
exposure for sale or having in possession for sale in the course of any trade, business or profession of goods or things to which a false trade description is applied, it shall not be a defence for the person to prove the matters specified in paragraphs ( a), (b) and ( c) of the 
said section 2 (2). 
(3) This section is without prejudice to section 22 of this Act. 
4.□(1) Section 2 (1) of the Principal Act is hereby amended by 
the substitution for paragraph ( d) of the following paragraph: 
□(d) in the course of any trade, business or profession, applies 
any false trade description to goods, or□. 
(2) Section 2 (2) of the Principal Act is hereby amended insofar 
as it relates to trade descriptions, by the substitution of □in the 
course of any trade, business or profession□ for □or any purpose of 
trade or manufacture□. 
(3) Section 5 of the Principal Act is hereby amended, insofar as it 
relates to trade descriptions, by the substitution for subsection (1) of 
the following subsection: 
□(1) ( a) A person shall be deemed to apply a trade 
description to goods if□ 
(i) he affixes or annexes it to them or 
in any manner marks it on or incorporates it with□ 
(I) the goods themselves, or 
(II) anything in, on or with 
which the goods are sold, 
(ii) he places the goods in, on or with 
anything to, on or with which the 
trade description has been affixed, annexed, marked or incorporated or places any such thing with the goods. 
(b) A person shall also be deemed to have 
applied a trade description to goods if he uses the trade description in any manner likely to be taken as referring to the goods. 
(c) Where goods are sold in pursuance of 
a request in which a trade description is used and the circumstances are such as to make it  
  
  
  
 
 
 
   
  
 
 
  
 
 
  
 
  
 
 
 
 
  
 
   
   
  
 
 
 
  
 
 
 
 
 
   Trade 
descriptions in 
advertisements. 
False or 
misleading 
statements as to 
services, etc. reasonable to infer that the goods are 
sold as goods corresponding to that 
trade description, the person selling 
the goods shall be deemed to have applied that trade description to the goods. 
(d) An oral statement may amount to the 
use of a trade description.. 
5.(1) Where a trade description is used in an 
advertisement in relation to any class of goods, the trade description shall be taken as referring to all goods of that class, whether or not in existence at the time the advertisement is published. 
(2) In determining for the purposes of this 
section whether any goods are of a class to which a 
trade description used in an advertisement relates 
regard shall be had not only to the form and content 
of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a 
person to whom the goods are sold would think of 
the goods as belonging to the class in relation to which the trade description is used in the advertisement. 
6.(1) If a person, in the course or for the 
purposes of a trade, business or profession 
(a) makes a statement which he knows to be 
false, or 
(b) recklessly makes a statement which is 
false 
as to any of the following matters, that is to say 
(i) the provision in the course of the 
trade, business or profession of any services, accommodation or facilities, 
(ii) the nature, effect or fitness for 
purpose of any services, 
accommodation or facilities 
provided in the course of the trade, business or profession, 
(iii) the time at which, manner in which 
or persons by whom any services, accommodation or facilities are so 
provided,   
 
 
 
 
 
 
 
  
 
 
  
 
 
 
 
 
 
  
  
 
  
    
  
  
  
  
  
 
  False or 
misleading 
indications of 
prices or 
charges. (iv) the examination, approval, use or 
evaluation by any person of any 
services, accommodation or 
facilities so provided, or 
(v) the place where any service, facility 
or accommodation is so provided or the amenities of any such accommodation, 
he shall be guilty of an offence. 
(2) For the purposes of this section 
(a) anything (whether or not a statement as to 
any of the matters specified in the 
preceding subsection) likely to be taken 
for such a statement as to any of those matters as would be false shall be deemed to be a false statement as to that matter; and 
(b) a statement made regardless of whether it 
is true or false shall be deemed to be made recklessly, unless the person making it had adequate reasons for 
believing that it was true. 
(3) In relation to any services consisting of or 
including the application of any treatment or 
process or the carrying out of any repair, the 
matters specified in subsection (1) of this section shall be taken to include the effect of the treatment, 
process or repair. 
(4) In this section  false  means false to a 
material degree. 
7.(1) If a person offering to supply goods of 
any description or provide any services or 
accommodation gives by any means a false or 
misleading indication of 
(a) the price or charge for the goods, services 
or accommodation, 
(b) the price or charge at or for which the 
goods or goods of the same description or the services or accommodation were or was previously offered, 
(c) a recommended price for the goods, or 
(d) any charge for installation of or servicing 
of the goods or any price for ancillary equipment reasonably required for the  
 
 
 
 
  
    
 
 
  
 
  
 
  
 
  
  
 
 
  
  
  
 
  
 
 
  
 
 
 
 
 purpose of the use or enjoyment of the 
goods, 
he shall be guilty of an offence. 
(2) For the purposes of this section 
(a) an indication that goods, services or 
accommodation were or was previously 
offered at a different price or charge or at a particular price or charge shall be treated, unless the contrary is expressed, as an indication that they were so offered openly at the same place within 
the preceding 3 months for not less than 
28 successive days; 
(b) an indication as to a recommended price 
(i) shall be treated, unless the contrary is 
expressed, as an indication that it is a price recommended by the manufacturer, producer or other supplier, and 
(ii) shall be treated, unless the contrary is 
expressed, as an indication that it is a price recommended generally for supply by retail in the area where the goods are offered; 
(c) anything likely to be taken as an indication 
as to a recommended price or as to the 
price or charge at or for which goods, 
services or accommodation were or was 
previously offered shall be treated as 
such an indication; 
(d) a person advertising goods, services or 
accommodation as available for supply or provision shall be taken as offering to supply or provide them or it; and 
(e) an indication of the price or charge at or 
for which any goods, services or accommodation are or is offered by a 
person shall be treated, unless the 
contrary is expressed, as an indication that those goods, services or accommodation are or is offered at or 
for that price or charge in every place in 
the State where those goods, services or accommodation are or is offered by the 
person:  
  
 
    
 
  
   
 
 
  
 
 
 
 
  
 
 
  
  
 
  
  
 
 
 
 
 
   
   
 
 
 
 
 
 
 
 
 Misleading 
advertisements. 
Director of 
Consumer Affairs. Provided that, where such an indication 
is given at the place where the goods, 
services or accommodation are offered, 
the indication shall be treated, unless the contrary is expressed, as relating only to the goods, services or accommodation offered at that place. 
8.(1) A person shall not publish, or cause to be 
published, an advertisement in relation to the 
supply or provision in the course or for the 
purposes of a trade, business or profession, of 
goods, services or facilities if it is likely to mislead, and thereby cause loss, damage or injury to members of the public to a material degree. 
(2) Any person who contravenes subsection (1) 
of this section shall, subject to the provisions of this Act, be guilty of an offence. 
(3) The Director may, upon giving notice of the 
application to any person against whom the order 
the subject of the application is sought, apply to the 
High Court for, and may, at the discretion of that Court, be granted, an order prohibiting the 
publication, or the further publication, of an 
advertisement the publication of which is or would 
be a contravention of subsection (1) of this section. 
9.(1) There shall stand established the office of 
Director of Consumer Affairs and the holder of the office shall be known as the Director of Consumer Affairs. 
(2) The office of Director shall be a position in 
the Civil Service and no person shall be appointed to the office unless the Civil Service Commissioners, within the meaning of the Civil Service Commissioners Act, 1956 , after holding a competition under section 15 of that Act, have, under section 17 of that Act, selected him for 
appointment to the office. 
(3) A person appointed to be the Director shall 
hold office for a period of five years but the 
Minister may, if he thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further 
period not exceeding five years as he considers 
appropriate. 
(4) (a) The Director may be removed from office 
at any time by the Minister. 
(b) If the Director is removed from office 
under this sub-section, the Minister shall cause to be laid before each House of  
  
 
  
 
 
 
 
  
 
 
 
 
  
 
  
 
  
 
 
  
 
  
 
 
 
 
 
  
 
 
 
 
 the Oireachtas a statement of the
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reasons for the removal. 
(5) The Director shall be independent in the 
performance of his functions. 
(6) The functions of the Director shall be 
(a) to keep under general review practices or 
proposed practices in relation to the 
advertising of, and the provision to 
members of the public of information in relation to and descriptions of, goods, 
services, accommodation and facilities, 
(b) to carry out examinations of any such 
practices or proposed practices where 
the Minister requests him to carry out 
examinations or where the Director considers that, in the public interest, such examinations are proper, 
(c) to request persons engaging in or 
proposing to engage in such practices 
that are, or are likely to be, misleading to members of the public in a material matter, to discontinue or refrain from such practices, 
(d) to institute proceedings in the High Court 
for orders requiring persons engaging or 
proposing to engage in such practices 
that are, or are likely to be, misleading to members of the public in a material 
matter to discontinue or refrain from 
such practices, 
(e) to request persons engaging in or 
proposing to engage in such practices to 
make such alterations of or deletions from, or provide such definitions of, expressions that are, or are proposed to 
be, used in or in connection with such practices, as would, in the opinion of the 
Director, increase the precision of, or 
the amount of information contained in, 
the expressions, or facilitate the understanding of the expressions, 
(f) to encourage and promote the 
establishment and adoption of codes of standards in relation to such practices, 
(g) to ensure that the provisions of any 
legislation providing for the protection    
   
  
   
  
   
 
 
 
  
 
  
  
  
  
  
 
  
   
 
  
 
  
  
 
 
  
 
   
 
   
 
 
 of consumers that, in his opinion, should 
be brought to the attention of the public 
are brought to the attention of the public 
and for this purpose to publicise those 
provisions in such manner and to such 
extent as he thinks appropriate, 
(h) without prejudice to the powers or 
functions of any other prosecuting authority, to bring or prosecute 
proceedings in relation to offences 
under the Acts or this Act. 
(7) The Minister may by order under this section 
confer on the Director such further functions as he 
considers appropriate in respect of any matters to 
which the Acts or this Act or any other enactment making provision for the protection of consumers relates. 
(8) The Director may do all such acts or things as 
are necessary or expedient for the purposes of the exercise of his functions under this Act. 
(9) Where proceedings are instituted by the 
Director pursuant to subsection (6) ( d) of this 
section and the Director has, prior to the institution of the proceedings, made a request under subsection (6) ( c) of this section to the persons 
concerned and the request has not been complied with, the Director may, at the discretion of the High Court, be granted an order by that Court in the appropriate terms referred to in the said subsection (6) (d) if the practices or proposed practices that are 
the subject of the proceedings are, or are likely to 
be, misleading to members of the public in a 
material matter. 
(10) The Director may perform such of his 
functions as he may deem proper through or by any officer of the Minister duly authorised by the 
Director in that behalf. 
(11) ( a) Whenever it appears to the Minister that 
the Director is temporarily unable to 
discharge his duties, the Minister may appoint a person to act in place of the Director during such inability or for 
such shorter period as the Minister 
thinks proper. 
(b) A person appointed under paragraph ( a) 
of this sub-section shall have all the 
powers, rights and duties conferred on 
the Director by this Act and each reference in this Act to the Director   
 
 
  
 
  
 
 
 
 
 
  
 
 
 
 
 
  
 
  
 
 
 
  
 
  
 
 
 
 
 
 
  
 
   
  
 
 
 
 Marking orders. 
Advertising 
orders. shall be deemed to include a reference 
to such a person. 
(12) ( a) The Director shall in each year make a 
report to the Minister in relation to the 
performance of his functions in the 
preceding year and the Minister shall, 
within one year of receipt by him of the report, cause copies of the report to be laid before each House of the Oireachtas. 
(b) The Director shall furnish to the Minister 
such information regarding the 
performance of his functions as the 
Minister may from time to time require. 
10.□(1) Where it appears to the Minister to be 
necessary or expedient in the interest of persons to whom goods of any description are supplied that the goods should be marked with or accompanied 
by any information (whether or not amounting to or 
including a trade description or the name and address of the manufacturer, producer or other supplier of the goods) or instructions relating to the goods, the Minister may, subject to the provisions of this Act, by order impose requirements for securing that goods of that description are so 
marked or accompanied, and regulate or prohibit 
the supply of goods in relation to which the requirements are not complied with, and the requirements may extend to the form and manner in which the information or instruction is to be given. 
(2) A person who, in the course of any trade or 
business, supplies or offers to supply goods of a 
description in relation to which an order is for the 
time being in force under this section in 
contravention of the order shall, subject to the 
provisions of this Act, be guilty of an offence. 
(3) An order under this section may make 
different provisions for different circumstances and 
may, in the case of goods supplied in circumstances where apart from such an order the information or instruction required by the order would not be conveyed until after delivery of the goods, require also that the whole or part thereof be displayed near 
the goods. 
11.□(1) Where it appears to the Minister to be 
necessary or expedient in the interest of persons to 
whom goods, services, accommodation or facilities, of any description are to be supplied or provided that advertisements or any class of advertisements of the goods, services, accommodation or facilities  
 
  
 
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
  
 
 
 
 
  
 
 
 
   Definition 
orders. should contain or refer to any information (whether 
or not amounting to or including a trade description 
or the name and address of the publisher of an 
advertisement or his agent or any person procuring the publication of the advertisement or his agent) relating to the goods, services, accommodation or facilities, the Minister may, subject to the 
provisions of this Act, by order impose 
requirements as to the inclusion of that information, or of an indication of the means by which it may be obtained, in advertisements, or in such classes of advertisements as may be specified in the order, of 
the goods, services, accommodation or facilities, of 
that description. 
(2) An order under this section may specify the 
form and manner in which any such information or indication as is specified in sub-section (1) of this section is to be included in advertisements or in advertisements of any class specified in the order and may make different provision for different circumstances and different classes of advertisements. 
(3) Where an advertisement fails to comply with 
any requirement imposed under this section, any 
person who publishes the advertisement shall, 
subject to the provisions of this Act, be guilty of an offence. 
12.□Where it appears to the Minister to be 
necessary or expedient in the interest of persons to whom goods, services, accommodation or facilities, of any description are supplied or provided that any words or expressions used in relation to the goods, services, accommodation or facilities should be understood as having definite meanings, the Minister may by order assign meanings either□ 
(a) to those words or expressions when used in 
the course of a trade or business, as, or as part of, a trade description applied to goods, services, accommodation or facilities, of that description, or 
(b) to those words or expressions when so 
used in such circumstances as may be specified in the order, 
and where such a meaning stands so assigned to a word or expression, it shall be deemed for the 
purposes of this Act to have that meaning when 
used in the manner mentioned in paragraph ( a) or 
(b), as the case may be, of this section. 
Ascertainment 
of names and   
 
   
 
 
 
 
 
  
  
 
 
 
  
 
  
 
  
 
  
  
     
 
    
 
   
    
   
  
  
   
  
 
 
 
 
  
 
  
  
  
    
  
 
 
 
 
 
  addresses of 
advertisers. 
Provision of 
weighing 
facilities in 
places where 
food sold by 
retail. 
Prohibition or 
prevention of 
persons from 
reading retail 
prices. 13.(1) Where an advertisement in relation to 
the supply or provision of any goods, services, 
accommodation or facilities is published and does 
not include the name and address of the person who 
procured such publication or his agent, the publisher of the advertisement shall, if the Director 
or an officer of the Minister or an officer of a council of a county or corporation of a county or other borough in whose functional area the 
publisher has a place of business so requests within 
12 months of the publication of the advertisement, give to the Director or officer, the name and 
address of such person or his agent. 
(2) A person to whom information is given 
pursuant to a request under subsection (1) of this 
section shall not give the information to another 
person other than for the purposes of this Act. 
(3) A person who contravenes subsection (1) or 
(2) of this section shall be guilty of an offence. 
14.(1) A person who offers food for sale by 
retail by weight (other than food packed for such sale by its manufacturer or producer or by the 
person who supplied it for such sale) in any place 
in the course of any trade or business shall provide 
in a prominent position in a part of the place to which, for the purpose of such sales, the public have access, a weighing scales or weighing machine, and shall permit any person to weigh or observe the weighing of any food sold by retail or for sale by retail at the place (being food which that 
person has bought or is buying or about to buy) on 
the scales or machine. 
(2) A weighing scales or weighing machine 
provided pursuant to this section shall be deemed, 
for the purposes of the Weights and Measures Acts, 1878 to 1961, to be being used for trade. 
(3) A person who contravenes subsection (1) of 
this section shall be guilty of an offence. 
15.(1) A person shall not, without reasonable 
cause, prevent another person from, or interfere with or obstruct another person who is 
(a) entering a place where goods are offered 
for sale in the course of any trade or 
business for the purpose of reading any prices displayed on, with or in relation 
to the goods, or 
(b) reading any prices displayed as aforesaid, 
if the prices of the goods are not   
 
  
 
  
 
  
 
 
 
 
 
  
 
 
 
  
  
 
 
 
 
  
 
 
 
  
 
 
  Powers of 
authorised 
officers. displayed (whether outside the place or 
elsewhere) so as to be capable of being 
read by the person while at or near the 
place without entering the place. 
(2) A person who contravenes subsection (1) of 
this section shall be guilty of an offence. 
16.(1) In this section  authorised officer 
means 
(a) a whole-time officer of the Minister 
authorised in writing by the Minister, or 
(b) a whole-time officer of the council of a 
county or corporation of a county or 
other borough authorised in writing by 
the council or corporation in relation to 
its functional area, 
to exercise, for the purpose of the Acts and this Act, the powers conferred by this section. 
(2) The authorisation of an authorised officer 
shall indicate the matters in respect of which he may act under this section. 
(3) An authorised officer may, for the purpose of 
obtaining any information which may be required in order to enable the Minister or the Director or the council of a county or the corporation of a county or other borough, as the case may be, to exercise his or its functions under the Acts or this Act, on production of the officer's authorisation, if so required 
(a) at all reasonable times enter premises at 
which any trade or business or any 
activity in connection with a trade or 
business is carried on and inspect the 
premises and any goods on the premises 
and, on paying or making tender of 
payment therefor, take any of the goods, 
(b) require any person who carries on such 
trade, business or activity and any 
person employed in connection 
therewith to produce to the officer any 
books, documents or records relating to 
such trade, business or activity which are in that person's power or control and to give him such information as he may reasonably require in regard to any entries in such books, documents and records,  
 
 
 
  
 
  
 
 
  
 
 
  
 
 
 
 
 
 
 
 
 
  
 
  
 
 
  
  (c) inspect and copy or take extracts from such 
books, documents and records, 
(d) require any such person to give to the 
officer any information the officer may 
require in regard to the persons carrying on such trade, business or activity (including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority) or employed in connection 
therewith, 
(e) require any such person to give to the officer 
any other information which the officer 
may reasonably require in regard to such activity. 
(4) A person who obstructs or impedes an 
authorised officer in the exercise of a power, or does not comply with a requirement, under this section shall be guilty of an offence under this Act. 
Penalties. 17.□(1) A person guilty of an offence under the 
Acts involving a trade description or under this Act 
shall, in lieu of any other fine or term of 
imprisonment, be liable□ 
(a) on summary conviction, to a fine not 
exceeding □500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or 
(b) on conviction on indictment, to a fine not 
exceeding □10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment. 
(2) When considering what penalty (if any) 
under subsection (1) of this section is appropriate to an offence, the Court may take into consideration any advertisement published by or on behalf of the 
person convicted of the offence and correcting any 
misleading advertising, or any false or misleading description, statement or indication to which the offence relates. 
(3) (a) Where a court imposes a fine or affirms or 
varies a fine imposed by another court for an offence referred to in subsection (1) of this section of which a person was  
 
 
 
 
 
 
  
   
 
 
 
 
 
 
 
 
  
 
 
  
 
  
 
 
   
 
 
  
 
 
 
 
 
 
  
 
  
  
   
 
   Prosecution of 
offences. convicted summarily, it may, at its 
discretion, on the application (made 
before the time of such imposition or 
affirmation) of any person who was 
summoned as a witness on behalf of the 
prosecution in the proceedings in which 
the fine was imposed and who suffered 
personal injury, loss or damage 
resulting, wholly or partly, from the offence provide by order for the 
payment of the amount of the fine or of 
a specified part of it as compensation in 
respect of the injury, loss or damage to 
the person making the application. 
(b) An application shall not lie under 
paragraph (a) of this subsection in 
respect of any personal injury, loss or damage if proceedings claiming damages for the injury, loss or damage have been instituted in any court. 
(c) Where the whole or part of a fine imposed 
under this section is paid to a person 
pursuant to this subsection and the person is awarded damages by a court in 
respect of the personal injury, loss or damage to which the payment relates, 
the payment shall be deemed to be in 
satisfaction of so much of the damages as is equal to the amount of the 
payment. 
18.□(1) Proceedings in relation to an offence 
under the Acts involving a trade description or under this Act may be brought and prosecuted by the Minister or by the council of the county or the corporation of the county or other borough in which the offence is alleged to have been committed. 
(2) Notwithstanding section 10 (4) of the Petty 
Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence. 
(3) Any expenses incurred by a council of a 
county, or the corporation of a county or other 
borough under this section shall be defrayed in the 
same manner as expenses incurred under section 19 of the Merchandise Marks Act, 1931 , by a local authority specified in that section. 
Offences in 19.□Where an offence under this Act which is 
relation to committed by a body corporate or an bodies corporate unincorporated body of persons is proved to have  
  
  
 
  
  
   
   
   
 
  
 
 
  
 
 
 
  
   
   
    
  
  
 
  
 
 
 
 
 
 
  
  
  
 
 
  and 
unincorporated 
bodies. 
Onus of proof. 
Offences due to 
fault of other 
person. 
Defences. been committed with the consent or connivance of, 
or to be attributable to any neglect on the part of, 
any person (or any person acting on his behalf) 
being a director, manager, secretary, member of the 
committee of management or other controlling 
authority of any such body or being any other similar officer of any such body, that person or the 
person so acting as the case may be shall also be 
guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
20.Where, in any proceedings under the Acts 
involving a trade description or under this Act, the truth of any indication, direct or indirect and by whatever means given 
(a) by a manufacturer, producer or other 
supplier thereof with respect to goods or the price of goods, or 
(b) by a person providing services, 
accommodation or facilities with respect to the services, accommodation or 
facilities, or the charges for the services, 
accommodation or facilities, 
is an issue, and the person who gave the indication 
does not establish that on the balance of 
probabilities the indication is true, it shall be 
presumed to be untrue. 
21.Where the commission by any person of an 
offence under the Acts involving a false trade description, or an offence under this Act is due to the act or default of some other person, that other 
person shall be guilty of the offence, and a person 
may be charged with and convicted of the offence 
by virtue of this section whether or not proceedings 
are taken against the first-mentioned person. 
22.(1) In any proceedings for an offence under 
section 2 of the Principal Act involving a false trade description or an offence under this Act it shall, subject to subsection (2) of this section, be a defence for the person charged to prove 
(a) that the commission of the offence was due 
to a mistake or the reliance on information supplied to him or to the act or default of another person, an accident or some other cause beyond his control; and 
(b) that he took all reasonable precautions and 
exercised all due diligence to avoid the commission of such an offence by   
 
 
 
   
 
 
 
 
  
 
 
   
 
 
 
   
  
  
  
  
  
 
 
  
 
 
 
 
 
 himself or any other person under his 
control. 
(2) If in any case the defence provided by 
subsection (1) of this section involves the allegation 
that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the 
identification of that other person as was then in his 
possession. 
(3) In any proceedings for an offence under 
section 2 (2) of the Principal Act in relation to 
goods to which a false trade description is applied it shall be a defence for the person charged to prove that he did not know, and could not with reasonable diligence have ascertained, that the goods did not 
conform to the description or that the description 
had been applied to the goods. 
(4) In proceedings for an offence under section 2 
of the Principal Act involving a false trade description or an offence under this Act committed 
by the publication of an advertisement it shall be a 
defence for the person charged to prove that he is a 
person whose business it is to publish or arrange for 
the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under the Principal Act or this Act. 
(5) Where a person is charged with an offence 
under section 2 (2) of the Principal Act in relation to any goods, proof□ 
(a) that he published a notice indicating□ 
(i) that he did not apply the trade 
description to which the offence relates to the goods, 
(ii) that he did not know whether the 
description was true or false, and 
(iii) that purchasers should disregard it, or 
(b) that he disclaimed by other means
�
responsibility for the description,
�  
  
  
  
 
 
  
 
  
 
 
  
  
  
     
  
  
   
   
   
 
 
 
 
  
 
 
 
  
  
  
   
   
  
 
 
  
  
   
  Exclusion of 
banks licensed 
under Central 
Bank Act, 1971. 
Trade marks 
containing trade 
descriptions. 
Saving for 
certain 
contracts. shall not be a compliance with subsection (1) ( b) of 
this section where there is not proof that the person 
had reasonable grounds for believing that the trade 
description might be false and that it was not reasonably possible for him having regard to the circumstances to determine whether the trade description was true or false, but where proof to the satisfaction of the court concerned is given of all the matters referred to in this subsection, it shall be for the court to determine whether, in all the circumstances, such proof is a compliance with the said subsection (1) ( b). 
23.□The Acts and this Act shall not apply to any 
act or omission for the purposes of the business authorised by a licence for the time being in force under section 9 of the Central Bank Act, 1971 , by the holder of the licence or his servants or agents. 
24.□The fact that a trade description is a trade 
mark, or part of a trade mark, or part of a trade mark, within the meaning of the Trade Marks Act, 
1963 , does not prevent it from being a false trade 
description when applied to any goods, except where the following conditions are satisfied, that is 
to say: 
(a) that it could have been lawfully applied to 
the goods if this Act had not been 
passed, 
(b) that on the passing of this Act the trade 
mark either is registered under the Trade 
Marks Act, 1963 , or is in use to indicate a connection in the course of trade 
between such goods and the proprietor 
of the trade mark, 
(c) that the trade mark as applied is used to 
indicate such a connection between the 
goods and the proprietor of the trade 
mark or a person registered under section 36 of the Trade Marks Act, 1963 as a registered user of the trade mark, and 
(d) that the person who is the proprietor of the 
trade mark is the same person as or a successor in title of, the proprietor on the passing of this Act. 
25.□A contract for the supply of any goods or 
the provision of any services shall not be void or 
unenforceable by reason only of a contravention of 
any provision of the Acts or this Act.   
  
  
  
 
 
 
 
 
   
  
 
  
 
  
 
 
  
 
  
  
 
  
 
 
 
 
  
 
 
 
   
 
   
  
  
  
 
  Provisions in 
relation to 
orders under 
this Act. 
Expenses of 
Minister. 
Short title, 
construction and 
collective 
citation. 26.(1) An order under this Act may provide 
that, in specified circumstances or subject to 
specified conditions the order shall not apply, or 
shall not apply to a specified class or specified classes of persons, goods, services, accommodation or facilities, and different circumstances or conditions may be specified in the order in relation to different classes of persons, goods, services, accommodation or facilities. 
(2) At least two months before the date of the 
making of an order under this Act there shall be 
published in Iris Oifigi	il  and in at least one daily 
morning newspaper printed in the State notice of the Minister's intention to make the order and a 
brief statement of the effect of the order. 
(3) An order shall not be made under this Act 
without prior consultation by the Minister with such persons as appear to him to be substantially 
interested in the subject-matter of the order. 
(4) (a) Whenever an order is proposed to be made 
under section 9 , 10 , 11 or 12 of this 
Act, or under paragraph ( b) of this 
subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has 
been passed by each such House. 
(b) The Minister may by order amend or 
revoke an order to which paragraph ( a) 
of this subsection applies. 
(5) Subsections (2) and (3) of this section shall 
not apply to an order under section 11 or subsection (4) (b) of this section in a case where, in the 
opinion of the Minister, it is necessary to make the order without complying with the said subsections (2) and (3). 
27.The expenses incurred by the Minister or 
the Director in the administration of this Act shall, 
to such extent as may be sanctioned by the Minister 
for Finance, be paid out of monies provided by the Oireachtas. 
28.(1) This Act may be cited as the Consumer 
Information Act, 1978. 
(2) The Acts and this Act, insofar as it amends 
the Acts, shall be construed together and may be 
cited together as the Merchandise Marks Acts, 
1887 to 1978.   
      
     
     
      
     
     
     Acts Referred to 
Petty Sessions (Ireland) Act, 1851 1851, c. 93. 
Merchandise Marks Act, 1887 1887, c. 28. 
Merchandise Marks Act, 1931 1931, No. 48. 
Civil Service Commissioners Act, 1956 1956, No. 45. 
Trade Marks Act, 1963 1963, No. 9. 
Performers' Protection Act, 1968 1968, No. 19. 
Central Bank Act, 1971 1971, No. 24.