Fair trading covers a wide area of consumer protection law. The primary purpose of this type of legislation is to ensure 'truthfulness of trade' thus preventing consumers being misled during contractual negotiations for goods and services.
The Consumer Protection from Unfair Trading Regulations 2008 came into force on 26 May 2008. They replace large pieces of existing consumer protection legislation that were in force prior to this date. The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers.
The vast majority of UK businesses are 'fair' and should not need to change their business practices to comply with the Regulations, which aim to tackle those businesses who do not always treat their customers well.
You can download and view a guidance booklet on the The Consumer Protection from Unfair Trading Regulations in more detail, which has been jointly produced by the Office of Fair Trading (OFT) and BERR (now known as Department for Business, Innovation and Skills (BIS)).
Please download the PDF document below called CPR Guidance.
The Business Protection from Misleading Marketing Regulations 2008 (BPRs):
prohibit businesses from advertising products in a way that misleads traders
set out conditions under which comparative advertising, to consumers and business, is permitted.
If your business advertises goods or services to other businesses, or if in your advertisements to businesses or consumers you make comparisons that identify a competitor, or products offered by a competitor, the regulations are likely to apply to your business.
'Use this link' to find out more information at the Office of Fair Trading website, to ensure your business complies with the law.
A new national charter was launched at this year's annual Trading Standards Institute (TSI) Conference in Brighton, that will help all local authority Trading Standards Services, market operators and copyright and trademark owners in their ongoing battle against dealers in counterfeit and other illicit goods at UK markets and car boot sales.
The Problem
Markets and Car Boot sales can provide easy opportunities for traders seeking to trade illegally, particularly in counterfeit and pirated goods. For criminal groups, selling counterfeit goods is a relatively risk-free way to make money and to launder cash from other criminal activity. When illicit traders move into a market, a whole host of problems follow: consumers are ripped off and sold potentially unsafe products; legitimate businesses are faced with unfair competition and lose sales to the counterfeit traders; an atmosphere of intimidation and criminality can become embedded with criminal gangs controlling stalls; and there is often a knock-on effect in increased crime in the immediate neighbourhood.
The Solution
The new national charter is launched under the banner Real Deal: Working Together For Fake-Free Markets. It is supported by all the key public and private sectors organisations with responsibility for ensuring markets are safe, fake-free environments in which to shop and to trade.
By signing up to the charter, a market operator commits to work closely with Doncaster Trading Standards Service to prevent the sale of counterfeit and other illegal goods and to be aware of who is trading at the market. We will, in return, commit to support the market operator and provide information to them in relation to the sale of infringing products. Markets will also be monitored and intelligence shared with other law enforcement agencies as well as industry and rights’ owners. Industry and trademark owners will also monitor the markets and provide regular and up to date information to trading standards and market operators on how to identify illegal products.
Further information is available from the Office of Fair Trading website. It is designed with two purposes in mind:
You can find essential information for businesses on how to comply with legislation enforced by the Office of Fair Trading and Trading Standards, check advice on consumer issues, follow the progress of investigations and action taken, or simply download the leaflets and reports.
Alternatively, you can contact our Trading Standards using the details at the top of this page.
