Part 3: Enforcement of consumer protection law Directions Section 195: Substantiation of claims
This section enables the CMA, where it gives a provisional notice (defined in subsection (4)) to an enforcement subject and the respondent makes representations in respect of that notice, to require evidence from the enforcement subject substantiating the factual claims used in their commercial practices with consumers, which are at issue in CMA direct enforcement proceedings involving alleged contravention of Chapter 1 of Part 4 (protection from unfair trading) to this Act (subsections (1) and (2)).
	The effect of this provision is that the burden of proof regarding the accuracy of the claim rests on the trader and any claim (such as claims about products having various positive effects on health) should be based on evidence which can be verified by the CMA.
	The content and scope of the documentation to be supplied will depend on the specific content of the factual claim and it would be up to the CMA to decide if the evidence provided is adequate. If the CMA considers that it is not, or if no evidence is produced in the first place, the CMA can decide the claim is inaccurate (subsection (3)).