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Prohibition on False and Misleading Advertising
Under Article 22, it is strictly prohibited to advertise, offer, or promote goods or services using any method that contains false or misleading information. This applies across all media — print, digital, television, social media, and in-store displays.
Additionally, advertising expired, spoiled, or substandard goods is explicitly banned. A product is considered adulterated or spoiled if it:
- Does not meet the applicable standard specifications
- Is unfit for its intended use
- Has passed its expiry date
What this means for expats: If you purchase a product based on advertising claims that turn out to be false, you have legal grounds for a complaint. Keep screenshots or copies of advertisements that influenced your purchase decision.
Market Manipulation: Hiding or Withholding Goods
Article 24 prohibits suppliers from:
- Concealing goods or taking any action to hide products from the market
- Refusing to sell goods with the intent to control market prices
- Forcing consumers to buy fixed quantities as a condition of purchase
- Tying the sale of one product to another (e.g., requiring you to buy product B in order to purchase product A)
This provision protects against artificial scarcity and coercive selling tactics. If you are told you must buy a bundle of products you don't want in order to access the one you do, this may be an illegal practice under Kuwaiti consumer law.
Selling Hazardous Products to Minors
Under Article 21, it is prohibited to sell or rent hazardous materials or products to anyone under the age of 18 at the time of the transaction. The specific categories of dangerous products are defined by the executive regulations of the law.
Relevant for expat families: Parents should be aware that retailers are legally required to verify age before selling hazardous items. If a minor in your family has been sold such a product, this constitutes a reportable offence.
Advertising Licensing Requirements
Article 25 makes clear that no goods or services may be advertised without first obtaining a licence from the relevant administrative authority in Kuwait. This applies to all forms of commercial advertising.
Combined with Article 26, all advertising must be produced in Arabic at minimum. Additional languages may be used alongside Arabic, but Arabic must always be present.
Practical implication: If you encounter advertising — particularly for unfamiliar businesses or online sellers operating in Kuwait — that appears entirely in English or another language with no Arabic content, and makes claims about products or prices, this may represent an unlicensed or non-compliant advertisement.
Supplier Duty to Report Defects
One of the most important but least-known protections is found in Article 16. When a supplier discovers or becomes aware of a defect in a product they have sold, they are legally required to:
- Notify the National Consumer Protection Committee within 7 days of discovering the defect
- If the defect poses a risk to health or safety, notify the Committee immediately upon discovery
- Announce the suspension of production or sale of the affected product
- Recall the product through all available means
This places a proactive legal duty on businesses — they cannot simply stay silent about known dangerous defects. If you suspect a product you purchased has been subject to a recall that was not communicated to you, you can enquire with the Ministry of Commerce and Industry.
Penalties for Prohibited Practices
For Violations of Supplier Obligations (Articles 12–19)
- Fines up to KD 20,000
- Imprisonment up to 2 years
- Or both
For Violations Involving Dangerous Products and Compensation (Articles 20–21)
- Fines up to KD 5,000
- Imprisonment up to 6 months
- Or both
- Mandatory imprisonment for repeat offenders (repeat offence defined as a similar crime within 3 years)
For Illegal Disposal of Seized Goods (Article 29)
- Imprisonment up to 2 months
- Fine equal to the value of the illegally disposed goods
- Penalties double if the goods are proven to be unfit for use
For Advertising Violations (Articles 25–26)
- Fines up to KD 5,000
- Imprisonment up to 6 months
- Or both
- Exception: An advertiser who is not the supplier may be exempt if the false information was of a technical nature they could not reasonably have verified
What Expats Should Watch For
- Pressure selling that requires buying unwanted extras — report it
- Advertising claims that don't match the actual product received
- Products with no Arabic labelling or missing expiry dates
- Businesses operating without visible registration details on documents
- Any product recall notices from the Ministry of Commerce and Industry
Reporting Violations
All prohibited practice violations can be reported to the Ministry of Commerce and Industry through its consumer protection channels. The Committee's enforcement staff hold judicial enforcement powers under Article 7, allowing them to inspect premises, review records, and gather evidence from both government and private entities.