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The Law Against False and Misleading Advertising (Article 22)
Kuwait law takes a firm stance against deceptive commercial practices. Article 22 prohibits any supplier or advertiser from:
- Advertising, selling, offering, or promoting goods or services using false or misleading information
- Advertising expired, adulterated, or defective goods in any form
A product is considered adulterated or defective if it:
- Does not conform to recognised quality standards
- Is unfit for its intended purpose
- Has passed its expiry date
This prohibition applies across all advertising media — print, digital, social media, television, outdoor signage, and any other channel.
What Counts as False Advertising?
Misleading advertising under Kuwaiti law is broadly interpreted and can include:
- Claiming a product has features, certifications, or qualities it does not possess
- Advertising a discount or sale price that has not been licensed by the Ministry
- Publishing fake reviews, false specifications, or fabricated country-of-origin claims
- Promoting health or safety benefits that are not verified
- Showing a product image that does not match what is actually sold
As an expat consumer, if you purchased a product based on advertising claims that turned out to be false, you have grounds for both a consumer complaint and a compensation claim.
Advertising Licensing Requirements (Article 25)
Under Article 25, no advertisement for goods or services may be published or broadcast in Kuwait without first obtaining written authorisation from the relevant administrative authority.
This applies to:
- Retail promotions and sales events
- New product launches
- Service advertisements
- Price promotion campaigns
If you see an advertisement that appears to be promoting unlicensed prices or unregistered products, this is a reportable offence.
Language Requirements for Advertising (Article 26)
All advertisements and product information displays in Kuwait must be:
- Written in Arabic as a minimum
- Other languages (including English) may accompany Arabic text but cannot replace it
An advertisement exclusively in English or any other language without Arabic is in breach of the law. This rule protects all consumers — including expats who may rely on English — by ensuring the primary language of disclosure is Arabic, which is the language of official Kuwaiti legal and commercial documentation.
Prohibition on Selling Dangerous Items to Minors (Article 21)
Article 21 explicitly prohibits the sale or rental of dangerous materials or products to anyone under 18 years of age at the time of the transaction.
The Executive Regulations to the law specify which materials and products are classified as dangerous for this purpose. Businesses that sell age-restricted items are required to verify the age of the purchaser.
If you observe a retailer selling regulated or dangerous goods to a minor, this is a criminal violation that can and should be reported to the Committee.
Prohibition on Stock Manipulation (Article 24)
Article 24 addresses market manipulation, which directly affects the prices expats pay for goods:
A supplier may not:
- Conceal or hide stock with the intention of manipulating market prices
- Refuse to sell available goods to drive up prices
- Force consumers to purchase minimum quantities as a condition of sale
- Tie the sale of one product to the compulsory purchase of another
This rule helps protect consumers during high-demand periods (such as Ramadan or national events) from artificial price inflation by retailers who artificially restrict supply.
Penalties for Advertising Violations
Under Article 30, anyone who violates the advertising rules in Articles 25 and 26 faces:
- Imprisonment of up to 6 months
- Fines of up to KD 5,000
- Or both penalties combined
Important exception: An advertiser (such as an advertising agency) who is not the supplier may be exempt from punishment if they can prove the false technical information in the advertisement was not reasonably detectable by them. However, the supplier remains fully liable.
For violations of compensation obligations and sales to minors (Articles 20 and 21), penalties under Article 28 include:
- Fines of up to KD 5,000
- Imprisonment of up to 6 months
- Mandatory imprisonment for repeat offenders who commit the same offence within 3 years
What Expats Should Do If They Encounter These Violations
If you see false advertising:
- Screenshot or photograph the advertisement with a timestamp
- Keep the product and its packaging if you made a purchase
- Retain your receipt as proof of the transaction
- File a complaint with the National Committee for Consumer Protection at the Ministry of Commerce and Industry
- You may also be entitled to financial compensation under Article 20 for any actual loss you suffered
If you receive an expired or substandard product:
- Do not discard the product — it is your evidence
- Note the expiry date, lot number, and point of purchase
- Report to the Committee — expired goods in stores are a direct breach of Articles 12 and 22
Remember: Decisions of the Committee are final administrative acts (Article 4) but can be challenged before the administrative courts if you are dissatisfied with the outcome.