FTC Urges Full Disclosure of ULSD

By way of letters dated June 4, 2013, the Fair Trading Commission (FTC) issued notices to the Jamaica Gasoline Retailers Association (JGRA) and the Automobile Dealers Association of Jamaica Ltd. (ADA) regarding the disclosure of material information as it relates to the ultra low sulphur diesel (ULSD) fuel that Petrojam Limited will commence distributing on June 24, 2013. The JGRA and the ADA were reminded that under Section 37 of the Fair Competition Act (FCA), which addresses misleading advertising, dealers are required to provide all material information to the public in a clear and unambiguous manner; and that omission of material information could amount to a breach of the Section.

The FTC advises the JGRA that the pump dispensing the ULSD should be clearly distinguished from the pumps dispensing the other fuels. Further, price display boards must accurately reflect each distinct fuel and its corresponding price.

The FTC informs the ADA that failure to provide material information prior to sale could amount to a breach of the FCA. Accordingly, the FTC advises that, prior to sale, the ADA should provide consumers with all relevant information regarding the fuel that the vehicles are designed to use.

Based on the results of a recently published study by the FTC, there are vehicles being sold in Jamaica that are designed to use fuel with a sulphur content lower than 30 parts per million (ppm). The ULSD will be the only product on the market that meets this requirement. Therefore, the FTC is confident that the ULSD will be of interest to numerous motorists whose vehicles were not designed to use the automotive diesel oil which is currently on the market.

For information on the FTC please visit our website at https://www.jftc.gov.jm

CONTACT: David Miller, Executive Director
52 Grenada Crescent,
Kingston 5
Tel: (876) 960-0120-4
Fax: (876) 960-0763
Email: ftc@cwjamaica.com