Our work within fair trading can cover misleading statements,
credit advertisements, counterfeiting, unclassified DVD’s, property
misdescriptions and misleading price indications.
We
respond to consumer complaints
Carry out routine
inspections, projects and surveys
Provide advice to businesses
Monitor Internet sites and newspaper advertisements
The aim of fair trading is to ensure truthfulness of trade and
prevent consumers being misled during contractual negotiations for
goods and services.
The Consumer Protection from Unfair Trading Regulations bans
traders in all sectors from engaging in unfair commercial (mainly
marketing and selling) practices against consumers. The regulations
also set out how commercial practices can be unfair by being
misleading (by action or omission) or aggressive, and list 31
specific practices which are banned.
Any descriptions made about goods must be accurate and will
include descriptions made: 
- in writing, for example in an advertisement
- in an illustration, for example on packaging
- given orally, for example in a sales pitch
- goods can also describe themselves, for example car
mileage.
The description itself covers a range of factors, including:
- quantity and size
- composition
- method, place and date of manufacture
- fitness for stated purpose
- endorsements by people or organisations
It can also be an offence not to disclose material information,
for example not to disclose that a car has been previously written
off
Misleading Advertisements, including T.V, newspapers and
magazines and Internet Advertising are dealt with by The Advertising Standards
Authority. Their role is is to ensure ads are legal, decent,
honest and truthful by applying the Advertising Codes.
Pricing of goods and services
Traders must display prices for most of the goods they sell. Any
pricing information given must be clear and meaningful.
What the law says:
- Normally, when goods are offered by a retailer there must be a
written indication of the selling price.
- If goods are exposed for sale, the price can be on the goods
themselves or on a ticket price list close to them. If the goods
are not on view, the price must be on a price list or in an
advertisement or catalogue.
- Each price must be unambiguous, easily identifiable with the
goods, and clearly legible.
- Any price given for goods or services must not be
misleading.
- All retail prices must include VAT. If there are any
non-optional extras which must be purchased with the goods, their
price must either be included in the main price or displayed just
as prominently together with an explanatory statement
- Price comparisons should be factual. Do not use descriptions
such as 'worth' or 'valued at'. The abbreviation 'RRP' and 'man,
rec. price' are permissible. All other abbreviations should be
avoided.
All price companies must be clearly explained and must not
mislead in any way. You should compare like with like and where a
reduced price is claimed then the product should have been offered
for sale at the Higher price for at least 28 days in the previous 6
months in the same outlet. If your comparison does not meet these
criteria then you should provide an explanation which is not
ambiguous, easily identifiable and clearly legible to the
consumer.
For further information go to the Government Pricing
Guidance.
Counterfeiting
It is a huge problem globally, with millions of counterfeit
goods being produced and sold every year. Counterfeit goods are
deliberately produced to resemble well-known brands.
For many people, buying a counterfeit item can seem like a good
way to purchase a designer item at a knockdown price. However,
consumers often do not realise that part of the reason these goods
are cheaper than the real thing is because they use poorer quality
materials so may not be as durable, and sometimes even
dangerous.
Buying counterfeit goods can also have much greater consequences
than people realise. Counterfeiters also have a huge impact on
legitimate businesses, which causes them to lose millions of pounds
of revenue a year. You are obviously far less at risk of buying
counterfeit goods if you shop at well established retailers than
from someone selling out of a suitcase in the high
street.
Popular amongst counterfeited items are sportswear, designer label
clothing, perfume, cigarettes and alcohol, CD's, video tapes,
computer software and DVD's.
Examine any items you are thinking of buying carefully. Poor
quality labels and packaging on perfumes and cosmetics can often
indicate that the items inside are not genuine. If you are buying
CDs, DVDs be wary of any with poor quality inlay cards, no artist
name on the disc face and no outer cellophane wrapping. CDs that
are not silver will be copies. Also look out for CDs, DVDs, and
video cassettes without security holograms and photocopied
labels.
Hallmarking
It is illegal to offer items for sale described as gold, silver
or platinum unless they have been tested and hallmarked by a UK
Assay Office.
An item may be exempt if:
- The item weighs less than 1.00 gm in Gold
- The item weighs less than 7.78 gms in Silver
- The item weighs less than 0.50 gm Platinum
It is an offence under the Hallmarking
Act 1973
- to describe an unhallmarked article as being made wholly or
partly made of gold, silver or platinum or palladium or
- to supply or offer to supply unhallmarked articles to which
such a description is applied
- The Act also requires dealers in precious metal items is
required to exhibit a prescribed notice.
Useful Links
British
Hallmarking Council
Assay
Office
Federation Against Copyright
Theft
British
Phonographic Industry
The Association for UK Interactive
Entertainment
The Video Recordings Acts
It is illegal to sell or rent a video (which includes cinema
films, DVDs and video/ computer games) unless it has a BBFC
classification. For films and DVDs this will be either:
- U - suitable for all
- PG – Parental Guidance is recommended
- 12 and 12A – not suitable for anyone under 12 years of age
- 15 – suitable only for 15 years of age and over
- 18 - suitable only for 18 years of age and over
- R18 – films may only be shown in a specially licensed cinema
and DVDs may only be sold in a licensed sex shop to persons over
the age of 18
The ratings of 12, 15 and 18 also apply to video games.
It is an offence to sell or rent video works carrying an age
restriction to persons under that age.
For further information please go to British Board of Film
Classification.