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False and Misleading Advertising (Article 22)
One of the most important prohibitions in Kuwait's consumer protection framework concerns deceptive advertising. Under Article 22, it is strictly prohibited to advertise, offer, present, or promote any goods or services using:
- False or misleading information of any kind
- Claims that misrepresent the nature, quality, origin, or price of a product
- Advertising of spoiled, adulterated, or expired goods
A product is legally considered adulterated or spoiled if:
- It does not conform to established quality standards
- It is unfit for its intended use
- Its expiry date has passed
What this means for expats:
- If a restaurant menu, online listing, or in-store display makes false claims about a product — such as misrepresenting its origin, ingredients, or capabilities — this is a breach of the law.
- If you purchase something based on advertised claims that turn out to be false, you have grounds for a complaint and compensation.
- Advertising expired products as available for sale is a criminal offense.
Advertising Licensing Requirements (Article 25)
Advertising in Kuwait is a regulated activity. Under Article 25, no advertising of goods or services is permitted without first obtaining a license from the relevant administrative authority.
This requirement applies to:
- Print, digital, and broadcast advertising
- In-store promotional displays
- Discount campaigns and special offers (which additionally require a Ministry of Commerce and Industry license under Article 13)
Why expats should care:
- Unlicensed promotional offers may be legally unenforceable.
- If a business runs an unlicensed promotion and then refuses to honor the advertised price or deal, you can report this as a violation.
- Businesses found advertising without a license face up to 6 months imprisonment and a fine of up to KD 5,000 under Article 30.
Exception for advertisers (Article 30): An advertiser who is not the supplier may be exempt from punishment if the misleading content was of a technical nature they could not reasonably have been expected to verify.
Language Requirements for Advertising (Article 26)
All advertising and product information in Kuwait must appear in Arabic as the primary language. Other languages may be used alongside Arabic but cannot replace it.
Practical implications:
- An advertisement that appears only in English or another language, without Arabic, violates the law.
- Product labels and promotional materials must be in Arabic at minimum.
- This rule protects Arabic-speaking consumers but also ensures that official, verified information is always available in the local language.
Prohibition on Price Manipulation and Product Hoarding (Article 24)
Under Article 24, suppliers are forbidden from:
- Concealing or hoarding goods with the intent to manipulate market prices
- Refusing to sell a product for the purpose of controlling its price
- Forcing consumers to purchase minimum quantities of a product as a condition of sale
- Tying sales — requiring the purchase of one product as a condition of buying another
- Imposing any condition that distorts competition or harms consumer interests
Real-world examples relevant to expats:
- A shop artificially limiting stock to inflate prices during high-demand periods is illegal.
- A business requiring you to buy a bundle of products when you only want one item may be violating this provision.
- These rules exist alongside Kuwait's Competition Protection Law (Law No. 10 of 2007), reinforcing protections against anti-competitive behavior.
Sale of Hazardous Products to Minors (Article 21)
Kuwait law 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 of the law define which specific products and materials are classified as hazardous.
For expat families:
- Parents can report retailers who sell regulated items to their children.
- If your child was sold a dangerous product by a retailer who ignored their age, you have a valid complaint under this article.
Compensation Rights for Victims of Violations (Article 20)
Beyond criminal penalties for suppliers, Article 20 ensures that consumers harmed by defective or non-conforming products are entitled to full compensation for actual damages — including both personal injury and financial losses.
This right exists in addition to any criminal prosecution and applies regardless of other commercial laws in force.
Steps to take if you are a victim of misleading advertising or banned practices:
- Document the advertisement: screenshot, photograph, or save a copy of the misleading ad.
- Retain proof of purchase and any product you received.
- Compare the advertised claims against the actual product and note all discrepancies.
- File a complaint with the National Consumer Protection Committee at the Ministry of Commerce and Industry.
- Seek compensation — you are entitled to claim actual damages through the Committee or through civil litigation.
Summary of Penalties
| Violation | Maximum Fine | Maximum Imprisonment | |---|---|---| | False advertising, misleading claims (Arts. 12–19) | KD 20,000 | 2 years | | Selling hazardous goods to minors, defective goods (Arts. 20–21) | KD 5,000 | 6 months | | Unlicensed advertising, non-Arabic ads (Arts. 25–26) | KD 5,000 | 6 months | | Tampering with seized goods (Art. 34) | Value of goods | 2 months |
Penalties are doubled for repeat offenders, and imprisonment becomes mandatory in cases of recidivism within three years of a prior conviction (Article 28).