Many business owners will have heard of the Trade Descriptions Act 1968. But how many are aware that it has largely been replaced by The Consumer Protection from Unfair Trading Regulations that came into force on the 26th May 2008?

The new regulations have been introduced in an effort to harmonise the law protecting consumers across the European Union so that in theory at least, there will be a level playing field for businesses upon which to compete and so that it will be easier for businesses to operate across the whole of the EU.

The Regulations bring together rules and regulations previously spread across some 23 pieces of legislation and provide a comprehensive code under which traders are required to treat consumers fairly.

Well advised business owners should familiarise themselves and their sales force with the new law to avoid incurring penalties and the attendant potentially catastrophic loss of goodwill.

Usefully, the regulations specifically outlaw 31 prohibited practices, which include: Falsely claiming accreditation – such as falsely claiming to subscribe to a code of conduct or displaying a quality mark when ineligible. This could cover the situation when your membership has simply lapsed and has not been renewed.

Pricing and product information- advertising products at a specified (low) price, but not having them available for sale within a reasonable time.

Limited time offers- falsely stating that a deal or offer will only be available for a very limited time.

Not taking "No" for an answer- making repeated and unsolicited contact by telephone, fax or email.

Market Conditions- misleading the consumer as to market conditions e.g. by stating that due to excess demand new stock will not be available for some time.

If you require guidance on how the regulations affect your business then contact our Commercial Department or if you are subject to an investigation by Trading Standards then contact Aidan Carr in our Litigation Department.