UAE

Relevant legislation or guidelines

• Federal Law No. 15/2020 on Consumer Protection.
• National Media Council’s Advertising Guide.
• National Media Council's Cabinet. Resolution Concerning Media Content No. 23 of 2017.

Is there any upcoming relevant legislation or guidelines?

We are aware that the implementing regulations to Federal Law No.15/2020 on Consumer Protection are due to be issued in the near future.

Who are the responsible authorities or bodies?

• The Department of Economic Development's Consumer Protection Department in each Emirate.
• Supreme Committee for Consumer Protection (although this committee has not yet been established).

What are the enforcement measures?

The responsible authorities may impose penalties on those who breach the regulations. These penalties include: fines; closure of the commercial space or confiscation of the goods in question; and in some instances, potentially criminal proceedings.

Who can pursue infringements?

• The responsible authorities.
• It is not standard practice for competitors to bring claims against each other due to marketing claims and the UAE courts will generally dismiss such actions unless one party can specifically identify/quantify a loss caused by such marketing claims.

What are the general rules of thumb for green claims?

• The advertisement must not include or contain any invalid, misleading or incorrect claims or exaggerations; allegations of being unique; content regarding contempt of the competitor; or anything that involves any suspicious fraud or misguidance.
• A trader may not propagate such matters inconsistent with reality regarding the origin or description of his goods, or any other matters pertaining to their nature or importance. Likewise, he may not declare falsely that he holds a rank, degree, or award, nor may he resort to any other misleading means, with the intent to usurp the customers of a competitor trader; or else, he shall be liable for compensation.

Do green claims need to be substantiated by evidence?

No.