Written by Samantha Loomes and Roxanne Vermaak
Since the recent publication of the scientific study from the University of Free State, which identified the presence of hormone-disrupting chemicals in various sanitary products, the public discourse surrounding consumer rights, product safety and transparency in marketing has intensified. Following thorough investigations, media statements from the Minister of Health as well as the South African Medical Research Council have confirmed and reassured the public that the products are safe for use.[1]
Nevertheless, the current discussion presents an opportunity to consider the framework that protects consumers in South Africa. The Consumer Protection Act 68 of 2008 (“CPA”) aims to protect consumers by ensuring that products placed on the market are safe, properly described, and accurately marketed.This article explains the key legal principles governing misleading marketing and false advertising under the CPA. It also outlines what consumers should know about their rights and how these practices can influence their purchasing decisions.
Misleading or Misrepresentative Marketing
Misleading marketing occurs when an advertisement or product label contains false statements, exaggerated claims, or omits important information in a way that creates a misleading impression about the nature, safety, quality or price of a product.
Section 41 of the CPA expressly prohibits misleading marketing and false advertising.[2] Companies are therefore expected to refrain from making certain claims about a product that are inaccurate, unsubstantiated, or incomplete as it has the potential to influence a consumer’s purchasing decision against their personal wishes. For example, marketing a product as “chemical-free”, “natural”, “organic”, or “safe” could be problematic if those claims are untrue.
Consumers rely on accurate and transparent information when making purchasing decisions. If a product fails to disclose important information, it undermines their right to make an informed choice in accordance with their personal wants and needs.
When Does Misleading Marketing Become Legally Actionable?
An actionable claim for misleading marketing generally arises where:
- A product advertisement or representation contains a false statement of fact, or
- A product does not disclose important information (for example, that harmful chemicals or allergens exist in the product), and
- Such information would have influenced a consumer’s purchasing decision.
The law does not necessarily require proof that the supplier intended to deceive consumers. What matters is the effect of the representation and whether it created a misleading impression.
South African courts have long recognised that consumer protection legislation should be interpreted in a manner that prioritises and promotes the protection of the public. Section 4(3) of the CPA provides that in circumstances where the interpretation of a provision is ambiguous, the Court must interpret it to advance the realisation and enjoyment of consumer rights, as well as promote fair business practices.
Why the Current Public Discussion Matters
The recent public discussion arising from the University of the Free State study highlights the importance of transparency and scientific scrutiny in consumer markets.Regardless of the outcome of any specific investigation or whether liability is ultimately established, the legal framework already recognises that consumers have a right to:
- Accurate marketing,
- Clear information about what they are buying.
When concerns arise about product safety or undisclosed ingredients, the CPA provides mechanisms through which regulators, courts, and consumers themselves can assess whether the law has been complied with.
An Informed Consumer Is an Empowered Consumer
The promulgation of the CPA has significantly helped to balance the power dynamic between suppliers and consumers in South Africa. It provides important safeguards for consumers who may lack the knowledge or expertise needed to evaluate product safety, protecting them from being exploited through complex marketing strategies and persuasive advertising
For consumers, the most important takeaway is simple: if a product is advertised in a manner that is false and misleading, the law provides various remedies to protect consumer rights. Understanding those rights is the first step in ensuring that they are effectively exercised.
If a consumer believes that a product has been misleadingly or falsely advertised, it is crucial to preserve any relevant and available evidence. This includes keeping the product, packaging, receipts, advertisements, and any communications from the supplier, as these may assist in a potential claim. Thereafter, a customer should contact the appropriate retailer or manufacturer and request a repair, refund or replacement.
If the matter cannot be resolved directly, consumers may escalate the complaint to the National Consumer Commission or their Provincial Consumer Affairs office, which has the authority to investigate alleged violations of the CPA.
In circumstances where harm has been suffered, consumers may also consider seeking legal advice regarding potential claims for damages arising from defective goods or misleading representations under the CPA. Consumers who would like guidance on how to take these steps are welcome to contact us for further assistance
Disclaimer: This article is for information purposes only and does not constitute legal advice.
[1] Blignaut, J., Kemp, G., Erasmus, E., Visser, H.G. and Schutte-Smith, M., 2026. The presence of endocrine disrupting chemicals in sanitary pads: A study done in South Africa. Science of The Total Environment, 1018, p.181510. available at: https://www.sciencedirect.com/science/article/pii/S0048969726001701
[2] Consumer Protection Act 68 of 2008 s41(1)
