Which of the following could potentially be considered misleading conduct under the FTA?

Misleading conduct under the Fair Trading Act (FTA) often relates to actions that mislead or deceive consumers regarding products or services. Option C, which pertains to silence that leads to misrepresentation, is particularly significant in this context. According to the FTA, failing to disclose important information can create a false impression, especially if this silence causes a consumer to make a decision based on incomplete or misleading information. This form of misleading conduct can have serious implications, as it prevents consumers from making fully informed choices.

In contrast, other options do not meet the threshold of misleading conduct as effectively. Mere confusion among consumers doesn’t necessarily equate to misleading conduct unless it’s directly tied to an untruthful representation. Exaggerated claims about a product may form the basis of a misleading conduct claim, but the emphasis is usually on whether the conduct was misleading rather than an isolated exaggeration, making it less definitive in this context. Clear and accurate advertising is explicitly compliant with the FTA, as it provides truthful information that does not mislead consumers. Thus, while all options may touch on aspects of marketing and consumer perception, only the silence that leads to misrepresentation aligns closely with the specific provisions concerning misleading conduct under the FTA.