Section 1 Restrictions and Prohibition of Premiums, and Prohibition of Misleading Representations
第一節 景品類の制限及び禁止並びに不当な表示の禁止
Article 4Restrictions and Prohibition of Premiums
第四条（景品類の制限及び禁止）
When the Prime Minister finds it necessary to prevent unfair inducement of customers and ensure voluntary and rational choice-making by general consumers , the Prime Minister may restrict the maximum value of premiums or the total amount of premiums, the type of premiums or method of providing premiums, or other matters relating to premiums, or prohibit the provision of premiums.
内閣総理大臣は、不当な顧客の誘引を防止し、一般消費者による自主的かつ合理的な選択を確保するため必要があると認めるときは、景品類の価額の最高額若しくは総額、種類若しくは提供の方法その他景品類の提供に関する事項を制限し、又は景品類の提供を禁止することができる。
Article 5Prohibition of Misleading Representations
第五条（不当な表示の禁止）
A business operator may not make the representations that fall under any of the following items for the transaction of goods or services the business operator supplies:
a representation indicating that the quality, standard, or other content of the goods or services is significantly superior to that of the actual quality, standard, or content, or that contrary to the facts, the quality, standard, or other content is significantly superior to those of other business operators supplying the same type of or similar goods or services as those supplied by that business operator, to general customers, and is likely to unfairly induce customers and hinder the voluntary and rational choice-making by general consumers;
a representation that causes misunderstanding by general consumers that the prices of goods or services or other trade conditions are significantly more advantageous than the actual prices or other trade conditions, or those of other business operators supplying the same of or similar goods or services as those supplied by the relevant business operator, which are found likely to unfairly induce customers and hinder the voluntary and rational choice-making by general consumers; or-
beyond what is stated in the preceding two items, a representation for which matters relating to transactions of goods or services is likely to be misunderstood by general consumers, and is designated by the Prime Minister in finding that the representation is likely to unfairly induce customers and hinder voluntary and rational choice-making by general consumers.
第六条（景品類の制限及び禁止並びに不当な表示の禁止に係る指定に関する公聴会等及び告示）
When the Prime Minister intends to make restrictions or prohibitions under the provisions of Article 4, or designations under the provisions of item (iii) of the preceding Article, or to amend or abolish the designations, the Prime Minister must hold a public hearing and hear the opinions of relevant business operators and the public as well as the opinion of the Consumer Commission, pursuant to the provisions of Cabinet Office Order,
The restrictions and prohibitions, and designations, and amendment and abolition prescribed in the preceding paragraph are to be made by public notice.
前項に規定する制限及び禁止並びに指定並びにこれらの変更及び廃止は、告示によつて行うものとする。
Section 2 Order for Measures
第二節 措置命令
第七条
When a business operator commits an act in violation of the restrictions or prohibition under the provisions of Article 4 or the provisions of Article 5, the Prime Minister may give an order to the business operator on the matters necessary to suspend that act or prevent them from once again committing that act, or giving a public notice relating to giving the order. The order may be given to the following persons even if the act of violation has already ceased:
the business operator who has committed the act of violation;
当該違反行為をした事業者
when the business operator who has committed the violation is a corporation and the corporation has ceased to exist as a result of a merger: the corporation that continues to exist after the merger, or is incorporated by the merger;
当該違反行為をした事業者が法人である場合において、当該法人が合併により消滅したときにおける合併後存続し、又は合併により設立された法人
when the business operator who committed the violation is a corporation: the corporation which has succeeded to all or part of the business concerning the violation from the corporation as a result of a split; and
当該違反行為をした事業者が法人である場合において、当該法人から分割により当該違反行為に係る事業の全部又は一部を承継した法人
the business operator who has acquired all or part of the business concerning the act of violation from the business operator who committed the act of violation.
当該違反行為をした事業者から当該違反行為に係る事業の全部又は一部を譲り受けた事業者
When the Prime Minister finds it necessary for determining whether a representation that a business operator has made falls under Article 5, item (i), regarding the order given under the provisions of the preceding paragraph (referred to as "order for measures" below), the Prime Minister may specify a period of time and request the business operator who has made that representation to submit materials indicating reasonable grounds that support the representation. In such a case, if the business operator has failed to submit the materials, the representation is deemed to fall under that item, when applying the provisions of that paragraph.
An order for measures is issued by serving a certified copy of the written order for measures.
措置命令は、措置命令書の謄本を送達して行う。
Section 3 Administrative Monetary Penalty
第三節 課徴金
If a business operator commits an act in violation of the provisions of Article 5 (excluding acts concerning representations that fall under item (iii) of that Article; referred to as the "acts subject to administrative monetary penalty" below), the Prime Minister must order the business operator to pay administrative monetary penalty to the national treasury in an amount equivalent to the amount obtained by multiplying the sales amount calculated by the method specified by Cabinet Order for the goods or services related to the acts subject to administrative monetary penalty which were traded during the period subject to administrative monetary penalty; provided, however, that the Prime Minister may not order the payment if it is found that the business operator had no knowledge of the fact that the representations related to the acts subject to administrative monetary penalty falls under one of the following items throughout the period when the acts subject to administrative monetary penalty has been committed, and, that the lack of knowledge was not due to gross negligence, or if the amount of the penalty is one million five hundred thousand yen or less:
事業者が、第五条の規定に違反する行為（同条第三号に該当する表示に係るものを除く。以下「課徴金対象行為」という。）をしたときは、内閣総理大臣は、当該事業者に対し、当該課徴金対象行為に係る課徴金対象期間に取引をした当該課徴金対象行為に係る商品又は役務の政令で定める方法により算定した売上額に百分の三を乗じて得た額に相当する額の課徴金を国庫に納付することを命じなければならない。ただし、当該事業者が当該課徴金対象行為をした期間を通じて当該課徴金対象行為に係る表示が次の各号のいずれかに該当することを知らず、かつ、知らないことにつき相当の注意を怠つた者でないと認められるとき、又はその額が百五十万円未満であるときは、その納付を命ずることができない。
a representation indicating that the quality, standard, or other content of the goods or services is significantly superior to the actual quality, standard, or content, or that contrary to the facts, indicated as being significantly superior to the quality, standard, or content of other business operators supplying the same type of or similar goods or services as those supplied by that business operator; or
a representation indicating that the price of goods or services and other trade conditions are significantly more advantageous for the other party to the transaction than the actual price or trade conditions, or that contrary to the facts, are significantly more advantageous for the other party to the transaction than those of other business operators supplying the same type of or similar goods or services as that business operator.
The "period subject to administrative monetary penalty" prescribed in the preceding paragraph means the period during which acts subject to administrative monetary penalty have been committed (if the business operator has conducted transactions of goods or services related to the acts subject to administrative monetary penalty in the period between the day when they discontinued the acts subject to administrative monetary penalty and the day on which six months have passed after discontinuing those acts (if the business operator has taken the measures specified by Cabinet Office Order as measures for eliminating the risk of representations related to the acts subject to administrative monetary penalty to unfairly induce customers and hinder the voluntary and rational choice-making by general consumers before that day, that day) the period to which the period until the transaction was last conducted after the acts subject to administrative monetary penalty has been discontinued is added, and if that period exceeds three years, for three years retroactive from the last day of that period).
When the Prime Minister finds it necessary for determining whether the representation made by a business operator falls under Article 5, item (i) in relation to the order under the provisions of paragraph (1) (referred to as the "payment order for administrative monetary penalty" below), the Prime Minister may specify a period and request the business operator that has made the representation to submit materials indicating reasonable grounds for supporting the representation. In such a case, if the business operator fails to submit the materials, the representation is presumed to fall under that item for applying the provisions of that paragraph.
When the Prime Minister orders the payment of administrative monetary penalty pursuant to the provisions of paragraph (1), and the business operator fails to report the facts that are to be the basis for calculating the administrative monetary penalty related to the acts subject to administrative monetary penalty, despite the fact that the Prime Minister has requested the business operator to make a report under the provisions of Article 25, paragraph (1), the Prime Minister may make an estimate by using a reasonable method provided by Cabinet Office Order, and make a payment order for administrative monetary penalty in the following manner; the amount of sales specified in paragraph (1) during the period subject to administrative monetary penalty of the business operator during which the facts that are the basis for the calculation of the administrative monetary penalty may not be ascertained because those facts were not reported, using materials or other materials obtained from the business operator, or from other business operators supplying goods or services concerning the acts subject to administrative monetary penalty, or from other business operators receiving those goods or services.
第一項の規定により課徴金の納付を命ずる場合において、当該事業者が当該課徴金対象行為に係る課徴金の計算の基礎となるべき事実について第二十五条第一項の規定による報告を求められたにもかかわらずその報告をしないときは、内閣総理大臣は、当該事業者に係る課徴金対象期間のうち当該事実の報告がされず課徴金の計算の基礎となるべき事実を把握することができない期間における第一項に定める売上額を、当該事業者又は当該課徴金対象行為に係る商品若しくは役務を供給する他の事業者若しくは当該商品若しくは役務の供給を受ける他の事業者から入手した資料その他の資料を用いて、内閣府令で定める合理的な方法により推計して、課徴金の納付を命ずることができる。
When a business operator has received payment orders for administrative monetary penalty in the past ten years retroactive from the base date (limited to cases in which the payment orders for administrative monetary penalty have become final and binding), and, has committed an act subject to administrative monetary penalty on or after the date of the payment orders for administrative monetary penalty, the term "three one-hundredth" in that paragraph is deemed to be replaced with "four point five one-hundredth" regarding the application of paragraph (1).
The "base date" prescribed in the preceding paragraph means the earliest date among the dates on which the following acts has been conducted with respect to the case concerning the acts subject to administrative monetary penalty prescribed in that paragraph.
collection of reports, etc. (meaning the collection of reports, orders for submission of books and documents and other objects, on-site inspections, or questions under the provisions of Article 25, paragraph (1); the same applies in Article 12, paragraph (4));
request for submission of materials under the provisions of paragraph (3); and
第三項の規定による資料の提出の求め
notice under the provisions of Article 15, paragraph (1).
第十五条第一項の規定による通知
第九条（課徴金対象行為に該当する事実の報告による課徴金の額の減額）
In the case referred to in paragraph (1) of the preceding Article (including the case that is applied by the deemed replacement of terms pursuant to the provisions of paragraph (5) of that Article; the same applies below in this Section), if the business operator has reported the facts that fall under the acts subject to monetary penalty to the Prime Minister pursuant to the provisions of Cabinet Office Order, the Prime Minister must reduce the administrative monetary penalty by the amount obtained by multiplying fifty one-hundredth of the administrative monetary penalty calculated pursuant to the provisions of paragraph (1) of that Article; provided, however, that this does not apply if the report is made in anticipation of a payment order for monetary penalty to be issued because an investigation has been conducted for the acts subject to monetary penalty.