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Glossary

Act against Unjustifiable Premiums and Misleading Representations

不当景品類及び不当表示防止法(ふとうけいひんるいおよびふとうひょうじぼうしほう)

Every term this law . Its definitions bind only this law — each entry says where the definition applies and links to the sentence that settles it. 49 terms: 31 with the Ministry of Justice's English, 18 in our translation, marked as such.

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business operator

事業者(じぎょうしゃ)

Any person who carries on commerce, manufacturing, finance or any other business; for the definition of a trade association (事業者団体) in Article 2, paragraph (2) and for the agreements and codes of Article 36, an officer, employee, agent or other person acting for the benefit of such a person is treated as that business operator too.

商業、工業、金融業その他の事業を行う者

Article 2, paragraph (1)
59provisions
approval

認定(にんてい)

The Prime Minister's approval under Article 10, paragraph (1) of a plan for implementing refund measures (実施予定返金措置計画), including approval of a change to it under paragraph (6) of that Article.

Article 10, paragraph (8)
46provisions
representations

表示(ひょうじ)

An advertisement or other representation that a business operator makes, as a means of attracting customers, about the content, terms of trade or other matters of a deal in the goods or services it supplies, and that the Prime Minister designates.

顧客を誘引するための手段として、事業者が自己の供給する商品又は役務の内容又は取引条件その他これらの取引に関する事項について行う広告その他の表示であつて、内閣総理大臣が指定するもの

Article 2, paragraph (4)
39provisions
corrective measures

是正措置(ぜせいそち)

Measures that a person notified under Article 26 about ongoing conduct suspected of breaching the limits on premiums (景品類) under Article 4 or the ban on misleading representations in Article 5 devises itself to correct that conduct and its effects, and intends to carry out under a plan it submits to the Prime Minister for approval.

Article 27, paragraph (1)
20provisions
payment order for administrative monetary penalty

課徴金納付命令(かちょうきんのうふめいれい)

The Prime Minister's order under Article 8, paragraph (1) that a business operator pay into the national treasury an administrative monetary penalty (課徴金) for an act subject to administrative monetary penalty (課徴金対象行為), in principle 3% of its sales of the goods or services concerned during the period subject to administrative monetary penalty (課徴金対象期間).

Article 8, paragraph (3)
18provisions
premiums

景品類(けいひんるい)

Goods, money or any other economic benefit that a business operator gives the other party along with a deal in the goods or services it supplies (real estate deals included), as a means of attracting customers, whether directly or indirectly and whether by lottery or not, and that the Prime Minister designates.

顧客を誘引するための手段として、その方法が直接的であるか間接的であるかを問わず、くじの方法によるかどうかを問わず、事業者が自己の供給する商品又は役務の取引(不動産に関する取引を含む。以下同じ。)に付随して相手方に提供する物品、金銭その他の経済上の利益であつて、内閣総理大臣が指定するもの

Article 2, paragraph (3)
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refund measures

返金措置(へんきんそち)

Handing money (or payment instruments other than money (金銭以外の支払手段), to those who agree to take them) of at least 3% of the purchase amount, calculated by a method a Cabinet Order (政令) sets, to general consumers who dealt in the goods or services during the period subject to administrative monetary penalty (課徴金対象期間), are identified as a Cabinet Order sets, and ask for it.

Article 10, paragraph (1)
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acts subject to administrative monetary penalty

課徴金対象行為(かちょうきんたいしょうこうい)

Conduct by a business operator that breaches Article 5 through a representation misleadingly presenting goods or services as markedly better in quality or other content, or markedly more favourable in price or other terms of trade (a breach through a representation under item (iii) of that Article is excluded); Article 8 provides an administrative monetary penalty (課徴金) for it.

Article 8, paragraph (1)
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planned refund measures

実施予定返金措置(じっしよていへんきんそち)

The refund measures (返金措置) that a person notified under Article 15, paragraph (1) of a proposed payment order for an administrative monetary penalty (課徴金納付命令) intends to carry out, for which it can seek the Prime Minister's approval under Article 10.

Article 10, paragraph (1)
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acts subject to administrative monetary penalty

課徴金対象行為(かちょうきんたいしょうこうい)

Conduct by a business operator that breaches Article 5 through a representation misleadingly presenting goods or services as markedly better in quality or other content, or markedly more favourable in price or other terms of trade (a breach through a representation under item (iii) of that Article is excluded); Article 8 provides an administrative monetary penalty (課徴金) for it.

Supplementary Provisions, Article 2, paragraph (1)
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the effective date

施行日(しこうび)

The date the amending law or Ministerial Order these supplementary provisions belong to comes into effect.

Supplementary Provisions, Article 2, paragraph (1)
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the effective date

施行日(しこうび)

The date Act No. 29 of 2023, the amending Act these supplementary provisions (附則) belong to, comes into effect.

Supplementary Provisions, Article 2, paragraph (1)
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corrective measures plan

是正措置計画(ぜせいそちけいかく)

The plan for the corrective measures (是正措置) that a person notified under Article 26 intends to carry out, which it prepares and submits to the Prime Minister within 60 days of receiving the notice, applying for approval.

Article 27, paragraph (1)
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the new Act

新法(しんぽう)

This Act as amended by Act No. 45 of 2003.

12provisions
the new Act

新法(しんぽう)

This Act as amended by Act No. 118 of 2014.

12provisions
the new Act

新法(しんぽう)

The Act as amended by the amendment these supplementary provisions belong to.

Supplementary Provisions, Article 2, paragraph (1)
12provisions
plan for implementing refund measures

実施予定返金措置計画(じっしよていへんきんそちけいかく)

The plan for the refund measures (返金措置) that a person notified under Article 15, paragraph (1) intends to carry out, which it prepares and submits to the Prime Minister for approval by the deadline for submitting its written explanation (弁明書).

Article 10, paragraph (1)
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impact corrective measures

影響是正措置(えいきょうぜせいそち)

Measures that a person notified under Article 30 about past conduct suspected of breaching the limits on premiums (景品類) under Article 4 or the ban on misleading representations in Article 5 devises itself to correct that conduct's effects, and intends to carry out under a plan it submits to the Prime Minister for approval.

Article 31, paragraph (1)
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trade association

事業者団体(じぎょうしゃだんたい)

A combination of two or more business operators (事業者), or a federation of such combinations, whose main purpose is to advance their common interests as business operators, including associations, foundations and partnerships of the kinds Article 2, paragraph (2) lists, but not one that has capital or contributions from its members and mainly carries on, and actually carries on, a business for profit.

事業者としての共通の利益を増進することを主たる目的とする二以上の事業者の結合体又はその連合体

Article 2, paragraph (2)
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order for measures

措置命令(そちめいれい)

An order the Prime Minister makes under Article 7, paragraph (1) against a breach of the limits on premiums (景品類) under Article 4 or of the ban on misleading representations in Article 5, requiring the conduct to stop, steps to prevent it happening again, a public notice about them, or other necessary steps.

Article 7, paragraph (2)
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the guidelines

指針(ししん)

The guidelines the Prime Minister sets so that business operators properly and effectively carry out the measures Article 22, paragraph (1) requires of them, such as setting up the systems needed to manage properly the premiums (景品類) they offer and their representations about the quality and content of their goods and services.

Article 22, paragraph (2)
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impact corrective measures plan

影響是正措置計画(えいきょうぜせいそちけいかく)

The plan for the impact corrective measures (影響是正措置) that a person notified under Article 30 intends to carry out, which it prepares and submits to the Prime Minister within 60 days of receiving the notice, applying for approval.

Article 31, paragraph (1)
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approved business operator

認定事業者(にんていじぎょうしゃ)

A person whose plan for implementing refund measures (実施予定返金措置計画) the Prime Minister has approved under Article 10, paragraph (1).

Article 10, paragraph (6)
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qualified consumer organization

適格消費者団体(てきかくしょうひしゃだんたい)

A qualified consumer organization as defined in Article 2, paragraph (4) of the Consumer Contract Act: a consumer organization (消費者団体) that is a corporation and that the Prime Minister has certified as fit to demand injunctions (差止請求) in the interest of consumers at large; under Article 34 of this Act it can demand that a business operator stop or prevent representations misleading many unspecified consumers about the quality or the terms of goods or services.

Article 34, paragraph (1)
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former Premiums and Representations Act

旧景品表示法(きゅうけいひんひょうじほう)

This Act as it stood before Article 12 of Act No. 49 of 2009 amended it.

Supplementary Provisions, Article 6, paragraph (1)
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period subject to administrative monetary penalty

課徴金対象期間(かちょうきんたいしょうきかん)

The period during which a business operator carried out the act subject to administrative monetary penalty (課徴金対象行為), extended, where it went on dealing in the goods or services concerned after stopping, to its last such deal within six months of stopping (or before the earlier day on which it took the steps a Cabinet Office Order (内閣府令) sets to remove the risk of misleading consumers), and cut to the last three years where it is longer.

課徴金対象行為をした期間(課徴金対象行為をやめた後そのやめた日から六月を経過する日(同日前に、当該事業者が当該課徴金対象行為に係る表示が不当に顧客を誘引し、一般消費者による自主的かつ合理的な選択を阻害するおそれを解消するための措置として内閣府令で定める措置をとつたときは、その日)までの間に当該事業者が当該課徴金対象行為に係る商品又は役務の取引をしたときは、当該課徴金対象行為をやめてから最後に当該取引をした日までの期間を加えた期間とし、当該期間が三年を超えるときは、当該期間の末日から遡つて三年間とする。)

Article 8, paragraph (2)
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written explanation

弁明書(べんめいしょ)

The document setting out the explanation (弁明) that a person who is to receive a payment order for an administrative monetary penalty (課徴金納付命令) gives in their defence; the explanation is given by submitting it unless the Prime Minister allows it to be given orally.

Article 14, paragraph (1)
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investigation, etc.

捜査等(そうさとう)

The investigation of a criminal case in a foreign country (only after the facts of the offence have been identified) or its trial, in which information the Prime Minister gave a foreign enforcement authority (外国執行当局) under Article 41, paragraph (1) may not be used without the Prime Minister's consent.

Article 41, paragraph (2)
4provisions
new laws and regulations

新法令(しんほうれい)

The laws that Act No. 49 of 2009, the amending law these supplementary provisions (附則) belong to, changed, as amended by it, together with the orders (命令) made under them.

4provisions
former laws and regulations

旧法令(きゅうほうれい)

The laws that Act No. 49 of 2009, the amending law these supplementary provisions (附則) belong to, changed, as they stood before it, together with the orders (命令) made under them.

4provisions
new Premiums and Representations Act

新景品表示法(しんけいひんひょうじほう)

This Act as amended by Article 12 of Act No. 49 of 2009.

Supplementary Provisions, Article 6, paragraph (1)
4provisions
constituent business operators

構成事業者(こうせいじぎょうしゃ)

A business operator (事業者) that is a member of a trade association (事業者団体).

事業者団体の構成員である事業者

Article 2, paragraph (2)
3provisions
approved implementation plan for refund measures

認定実施予定返金措置計画(にんていじっしよていへんきんそちけいかく)

The plan for implementing refund measures (実施予定返金措置計画) as approved by the Prime Minister under Article 10, paragraph (1), or, where a change has been approved under paragraph (6) of that Article, as changed.

Article 10, paragraph (8)
3provisions
person concerned

当事者(とうじしゃ)

A person who has received the notice under Article 15, paragraph (1) of a proposed payment order for an administrative monetary penalty (課徴金納付命令), including one treated as having received it after it was made public under paragraph (2) of that Article because the person could not be found.

Article 16, paragraph (1)
3provisions
foreign enforcement authority

外国執行当局(がいこくしっこうとうきょく)

A foreign authority that enforces foreign laws and regulations equivalent to this Act, to which the Prime Minister may give information that helps it perform duties equivalent to those under this Act.

Article 41, paragraph (1)
3provisions
base date

基準日(きじゅんび)

The earliest date on which, in the case concerning an act subject to administrative monetary penalty (課徴金対象行為), any of these took place: a demand for a report, an order to submit books, documents or other items, an on-site inspection or questioning under Article 25, paragraph (1); a request under Article 8, paragraph (3) for materials backing a representation; or the notice under Article 15, paragraph (1).

同項に規定する課徴金対象行為に係る事案について、次に掲げる行為が行われた日のうち最も早い日

Article 8, paragraph (6)
2provisions
collection of reports, etc.

報告徴収等(ほうこくちょうしゅうとう)

The investigative steps the Prime Minister can take under Article 25, paragraph (1): requiring a report, ordering books, documents or other items to be submitted, an on-site inspection, or questioning.

第二十五条第一項の規定による報告の徴収、帳簿書類その他の物件の提出の命令、立入検査又は質問

Article 8, paragraph (6), item (i)
2provisions
subsidiary

子会社(こがいしゃ)

Another company in which a company holds more than half of the voting rights of all its shareholders or members (leaving out shares that cannot vote on any matter at a shareholders meeting, and counting shares treated as carrying votes under Article 879, paragraph (3) of the Companies Act); a company in which the company together with its subsidiaries, or its subsidiaries alone, hold such a majority is treated as its subsidiary too.

会社がその総株主(総社員を含む。以下この項において同じ。)の議決権(株主総会において決議をすることができる事項の全部につき議決権を行使することができない株式についての議決権を除き、会社法(平成十七年法律第八十六号)第八百七十九条第三項の規定により議決権を有するものとみなされる株式についての議決権を含む。以下この項において同じ。)の過半数を有する他の会社

Article 12, paragraph (5)
2provisions
authority of the Commissioner of the Financial Services Agency

金融庁長官権限(きんゆうちょうちょうかんけんげん)

Together, the authority delegated to the Commissioner of the Financial Services Agency (金融庁長官) under Article 38, paragraph (3) to demand reports, order documents, inspect and question under Article 25, paragraph (1), and the Commissioner's authority under paragraph (4) of that Article to report the results to the Commissioner of the Consumer Affairs Agency (消費者庁長官).

Article 38, paragraph (6)
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requesting country

要請国(ようせいこく)

The foreign country whose foreign enforcement authority (外国執行当局) asks the Prime Minister to consent to information given under Article 41, paragraph (1) being used in the investigation or trial of a criminal case there.

Article 41, paragraph (3)
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affairs of the State, etc.

国等の事務(くにとうのじむ)

In the supplementary provisions of Act No. 87 of 1999, work of the State, of another local government or of another public body that an organ of a local government managed or carried out under an Act (法律) or a Cabinet Order (政令) before that Act comes into effect, which the local government then handles as its own affairs.

Supplementary Provisions, Article 159, paragraph (1)
2provisions
higher administrative agency

上級行政庁(じょうきゅうぎょうせいちょう)

The government agency ranking above the one that made a decision, which hears administrative appeals against that decision.

Supplementary Provisions, Article 161, paragraph (1)
2provisions
payment instruments other than money

金銭以外の支払手段(きんせんいがいのしはらいしゅだん)

Prepaid payment instruments under Article 3, paragraph (1), item (i) of the Payment Services Act issued by a third-party type issuer under paragraph (7) of that Article, and others a Cabinet Office Order (内閣府令) names, that meet the standard a Cabinet Office Order sets for being usable in the ordinary way like money.

Article 10, paragraph (1)
1provisions
subsidiary, etc.

子会社等(こがいしゃとう)

For Article 12, paragraph (4): a subsidiary (子会社) or parent company (親会社) of the business operator, or another company that has the same parent company as the business operator.

事業者の子会社若しくは親会社(会社を子会社とする他の会社をいう。以下この項において同じ。)又は当該事業者と親会社が同一である他の会社

Article 12, paragraph (4)
1provisions
subsidiary, etc. that has succeeded to the specified business

特定事業承継子会社等(とくていじぎょうしょうけいこがいしゃとう)

For Article 12, paragraph (4): a subsidiary, etc. (子会社等) that took over all or part of the business connected with an act subject to administrative monetary penalty (課徴金対象行為), by transfer or by company split, from a corporation that on or after the starting date (調査開始日) passed that whole business to its subsidiaries, etc. and then ceased to exist other than by merger; the corporation's act is treated as the subsidiary's own.

Article 12, paragraph (4)
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parent company

親会社(おやがいしゃ)

For Article 12, paragraph (4): another company that has a company as its subsidiary (子会社) as defined in Article 12, paragraph (5).

会社を子会社とする他の会社

Article 12, paragraph (4)
1provisions
starting date

調査開始日(ちょうさかいしび)

For Article 12, paragraph (4): the day on which a collection of reports, etc. (報告徴収等) was first made in the case concerning a corporation's act subject to administrative monetary penalty (課徴金対象行為), or, where none was made, the day the corporation received the notice under Article 15, paragraph (1).

Article 12, paragraph (4)
1provisions
public notice matters

公示事項(こうじじこう)

The particulars made public when the person who is to receive a payment order for an administrative monetary penalty (課徴金納付命令) cannot be found: that person's name (for a corporation, its name and its representative's name), where and by when to submit the written explanation (弁明書) (or, where the explanation is to be given orally, that fact and when and where to appear), and that the Prime Minister will hand the person at any time a document setting out what the notice under Article 15, paragraph (1) must state.

Article 15, paragraph (2)
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the agency that made the disposition

処分庁(しょぶんちょう)

The administrative agency that issued the decision being appealed.

Supplementary Provisions, Article 161, paragraph (1)
1provisions