

An overview of the law relating to fair trading and how this may affect your business - including areas such as pricing and product description.
When you sell products and services, you must comply with fair trading laws - covering areas such as:
The law sets out practices that are illegal when selling goods or services. These unfair practices include misleading customers and using aggressive selling practices.
You must not mislead customers about the goods or services you sell. For example, it is against the law to give customers wrong information, such as advertising something as being reduced when it never costs a higher price. It is also illegal to keep important information hidden. You must be open and honest with your customers.
You must not use aggressive selling techniques. It is illegal to pressure a customer to buy goods or services. For example, this might be refusing to leave their home until they make a purchase or constantly contacting them.
Other unfair practices include taking away a customer's statutory rights by displaying signs such as 'sold as seen' or 'no refunds' - a customer is entitled to redress if goods or services are faulty or misdescribed under the rules of the .
If your business sells goods or services, you must provide the price to customers. This rule applies whether you are selling to individuals or other businesses.
If the price for a good or service is not pre-determined by your business, you must supply, if asked:
Read more on the rules of pricing goods and services.
You must also give customers:
Note that this list is not exhaustive and not all service providers are covered by these rules. There may also be further information that you must provide to a customer if they ask for it.
There are trading laws covering businesses that deal in specific goods and services, such as:
Understanding the laws that affect you is required for running a successful business. If you don't comply, you could face legal penalties. It could also damage your business reputation.
How to describe your products and services in a lawful way in line with consumer protection legislation.
Any description of a product, including goods, services and digital content, a trader (either yourself or another trader) or any other matter connected to a consumer鈥檚 transactional decision must not mislead them or contain false or untruthful information.
You must also not omit details about products, including goods, services and digital content, or omit any information that is legally required, such as information required from an invitation to purchase or information required in consumer contracts, to ensure your customers are able to make a fully informed decision about whether to buy or not.
The Digital Markets, Competition and Consumers Act 2024 (DMCCA) makes it an offence to engage in an unfair commercial practice. This includes anything a trader does or fails to do when promoting or supplying a product, including goods, services and digital content, to consumers.
Dishonest practices could include untruthful advertising, omitting important information, or providing deceptive after-sales information. Using these unfair practices, known as a misleading action and a misleading omission, breach the act. and are potentially a criminal offence.
Any business that trades in goods or services must comply with the act. Directors, managers and other employees can also be liable to follow the rules.
The misleading information given or information not provided to a consumer must cause, or be likely to cause, a consumer to make a different transactional decision.
A transactional decision is any decision a consumer makes in relation to a product. It can be taken before, during or after a purchase is made or a contract is agreed. There doesn鈥檛 have to be an actual transaction for there to be a transactional decision.
Examples of transactional decisions include:
A misleading action occurs when information relating to a product or a practice contains false information or is in some way untruthful, or its overall presentation deceives or is likely to mislead the consumer.
A false or untruthful product description can mislead a customer with information relating to things such as the price or how the price is calculated, or the need for a service, part, replacement or repair. For example, a customer pays 拢50 for a product, without being told the price does not include VAT. As this was not explained in the advert, the advert is misleading.
For more information on practices that could be misleading actions, see the .
A misleading omission is when a trader omits or hides material information or provides it in an unclear, unintelligible, ambiguous, or untimely way. For example, to make an informed decision about whether to buy or how much to pay, the consumer buying a car needs to know whether the vehicle has previously been an insurance write-off; you, as the trader, have to disclose this information, whether or not the consumer asks for it.
For a practice to be unfair, the trader's misleading action or omission must be likely to cause a consumer to take a transactional decision that they would not have taken otherwise - as above, this could be, for example, to buy as opposed to not buy, having work done or not, or paying a different amount for goods.
When selling, a misleading action or omission can be provided in several ways, including:
The Digital Markets, Competition and Consumers Act does not cover insignificant inaccuracies. Only a court can decide whether the actions of a trader would adversely affect a consumer.
You can check which laws apply to the goods and services you trade in by asking your local .
In the first instance, you should ensure that all descriptions are not misleading. This means that not only should they be accurate, but they should be presented in a way that would not mislead - for example, by being understood in the wrong context.
To avoid committing misleading omissions, traders should ensure that they are open and honest with customers, including anything that might make the product or the offer less attractive.
If a consumer has been the victim of misleading actions or aggressive selling, there are regulations which give them a right to redress through a civil court order. The customer may be entitled to claim compensation, a price reduction or cancel the contract. These rights do not apply to misleading omissions.
The rights of redress for affected consumers are currently provided for by the .
How to describe used vehicle sales in a lawful way in line with consumer protection legislation.
If you sell used vehicles, you must ensure that the descriptions are listed accurately. This includes the mileage, condition, history and specification. This type of information will likely affect a consumer's decision whether to purchase the vehicle. These descriptions are controlled by the .
To comply with the law, a trader and their employees need to show that they took all reasonable steps to trade fairly and honestly with their customers when selling used vehicles. This practice is known as acting with due diligence. Reasonable steps you would carry out as a trader include:
The mileage displayed on a vehicle odometer should accurately represent the distance the vehicle has travelled. Displaying an incorrect odometer reading may be a misleading action. To comply with the law, you must tell the consumer the accurate mileage, as failure to do this may be a misleading omission.
There are several practices that are prohibited, including:
You should be able to show that you have checks in place to verify the mileage on the odometer and show that these checks are carried out. However, despite having these checks in place, verifying the mileage recorded may still be impossible, and you should state this to customers.
Examples of unlawful trading practices include:
The DMCCA lists banned trading practices which are considered unfair and provide a defence to any criminal charges. For example, a banned practice includes claiming or creating the impression that you are a private seller when you are a trader.
A full list of the 32 banned practices can be found in the .
All unlawful practices can be made verbally, in writing, visually or by association. They can be made by anyone in your business, including staff members. Businesses, business owners and staff members can all be held accountable for their actions.
Any warranty or guarantee you supply free of charge or sell separately with a vehicle is in addition to a consumer's legal rights under the Consumer Rights Act 2015. You cannot refuse to deal with a complaint because it is excluded from a warranty, or the warranty period has expired. Any warranty you give is legally binding.
How Trading Standards can help your business comply with the law when a customer has lodged a complaint about your business or you need general advice.
The Northern Ireland Trading Standards Service (TSS) enforces the laws on goods and services within Northern Ireland.
The TSS receives complaints from customers about a wide range of consumer issues, including:
The TSS can investigate customers' complaints and take appropriate enforcement action where necessary. This ranges from advice to warnings to criminal prosecutions. In some cases the business may want to seek independent legal advice.
If you'd like general advice regarding any consumer legislation - you should . It can provide free and impartial guidance.
It may be that by seeking their advice on your trading policies, you can prevent any complaints arising.
Legislation that protects consumers from unfair commercial practices, including misleading pricing information such as the unfair trading regulations.
Businesses must ensure that where goods are offered for sale to consumers, the selling price is clearly indicated.
The selling price must be inclusive of VAT and other taxes. Where appropriate the unit price must be given to consumers in writing. This information must be:
To understand their legal requirements, retailers can use the resources provided by the Competition and Markets Authority (CMA) in collaboration with Trading Standards.
Unit pricing is designed to allow customers to compare products by reference to weight or volume. Unit pricing is not applicable to small shops with a retail area of less than 280 m2. This is generally categorised as price per kilogram, litre, meter, square meter or cubic meter.
A unit price must be given when goods are either:
Promotional offers should be unit priced to reflect the single standard item.
You should not use statements such as 20% off 鈥榓ll鈥 or 鈥榚verything鈥 unless the statement applies to all the products described, to everything in the store or in that category.
If comparing the price of goods to a competitor鈥檚 price, the price comparison must not be false or mislead consumers.
You should not advertise products at a specific price if you have reason to believe reasonable quantities will not be available.
There are several pieces of legislation that protect people from the activities of unscrupulous or dishonest traders.
If you promote or sell goods, services or digital content to consumers, you must comply with the Digital Markets, Competition and Consumers Act 2024 (DMCCA).
This act bans traders from using any unfair commercial practices. A commercial practice is unfair if it causes a consumer to take a transactional decision they would not otherwise have taken, such as buying goods or services or visiting a shop or website. A commercial practice will also be unfair if it omits information from an invitation to purchase (for example you advertise a product price but do not include VAT), or if it is listed in (commercial practices which are unfair in all circumstances).
Commercial practices are any actions you as a trader take - or omissions you make - that are directly connected to the promotion or supply of goods, services or digital content to members of the public.
Commercial practices include providing information about prices. Examples of unfair commercial practices in relation to pricing include:
You'll also need to comply with other legislation that covers pricing practices, including the:
There are specific regulations covering pricing information provided by certain types of businesses.
There are also .
If your customers are other businesses, you'll need to comply with the Business Protection from Misleading Marketing Regulations 2008. These regulations cover:
What to expect when a trading standards officer visits your premises.
A pricing inspection is relatively straightforward.
Trading standards officers will check the prices of a selection of products in your store, this number will depend on the size of the business. If the visit is in connection with a complaint, the inspection will reflect the nature of the complaint.
A Trading standards officer will ensure that the price is accurate and matches price stickers, the price edge label or promotional material. Special attention will also be given to promotional items, such as, 鈥淏uy one, get one free鈥.
Trading Standards officers may require the assistance of a member of staff, who will normally scan the selected products through a checkout and provide the officers with a receipt.
Trading Standards officers carry out inspections discreetly and try to arrange visits at times which are less busy, however, this is not always possible.
Trading Standards鈥 core function is the protection and promotion of a strong and robust fair trading environment. Trading Standards will sometimes visit your business premise to carry out an inspection and ensure compliance with all relevant rules and regulations.
This visit may be in response to intelligence, such as a consumer or business complaint. Alternatively, this visit may be a routine inspection, carried out as part of a pro-active enforcement project or programme of work.
A visit from Trading Standards does not indicate a presumption of non-compliance but should be viewed as an opportunity to confirm or improve good trading practices.
Most common examples of non-compliance, especially those found during a price inspection, can be remedied with small adjustments. However, on the rare occasion that evidence of more significant non-compliance or rogue trading is discovered, this will be considered by senior trading standards officers, who may recommend formal enforcement outcomes in line with the Trading Standards Service enforcement policy. All Trading Standards visits, regardless of the outcome, will be followed up with a letter.
Trading standards officers carry photographic identification, which displays their name and related departmental details. Unlike other parts of the UK, Northern Ireland Trading Standards Service is the only trading standards organisation operating in Northern Ireland.
If you have any concerns, you should contact The Trading Standards Service on Tel: 0300 123 6262.
Complying with the law when you compare your new selling prices to prices you charged previously and prevent giving out misleading information.
If you make price comparisons with your own previous prices, you should take care to:
It's important to make sure that the previous price you refer to is a genuine retail price. A price is genuine if you would reasonably expect to sell a significant volume of goods at that price, or if you would have offered the goods for sale at that price for a reasonable period - such as 28 days.
How to stay within the law when you make price comparisons for your products or services and avoid giving misleading pricing information.
Consumer protection regulations ban traders from giving false or misleading pricing information that could make a consumer buy something they might not otherwise have bought. The regulations ban:
If you're going to make any form of price comparison for your products or services, you should be able to:
When you make any price comparisons, it's important to:
Complying with the law when you compare your selling prices to the prices that other traders charge and avoiding giving misleading pricing information.
If you make price comparisons with another trader's prices, you should take care that these don't mislead people by:
To comply with consumer protection regulations, you should make sure that:
Comparing your selling prices with another price such as a recommended retail price or a pre-printed price, sale and event prices or free offers.
When you're comparing your products' prices with other prices there are some situations where you'll need to take special care not to mislead people.
If you make a price comparison, you shouldn't use a recommended retail price (RRP) or a similar price if:
If the manufacturer of a product has included a printed price reduction like '10p off RRP' on the packaging, you should pass this on to your customers.
If the item carries a pre-printed price that's higher than the price you'll charge, you're making a price comparison. You should treat the pre-printed price in the same way as an RRP.
The rules covering pricing information also apply to sales and special events. Key requirements include:
The law bans traders from describing a product as 'free' if a customer has to pay anything for it apart from any unavoidable cost of responding to the offer and the cost of collection or delivery.
You should make it clear exactly what people must do to get a free or reduced-price offer - for example, collecting tokens or paying for delivery.
Making price comparisons in special cases such as perishable goods and distance contracts, and making a series of price reductions over time.
There are guidelines to help you when you make price comparisons in special cases such as:
Generally, the price you should use for any price comparison is your most recent price available for 28 days or more in a row. However, if you reduce an item of food or drink for quick sale because it's close to exceeding its shelf life, you can use a previous price that applied for a shorter period if this is reasonable in the circumstances. The price you use for the comparison should be the last price that the product was on sale for in the same outlet.
This also applies to perishable non-food items if they have a short shelf life - for example, less than six weeks.
If you only sell products through distance contracts so there's no face-to-face contact with your customers, you shouldn't make a price comparison with a previous price that wasn't your own last price.
You might sell the same products for different prices from different types of outlets - for example online and in your shop. If you compare one price with another that's available in a different outlet, you'll need to explain this clearly.
If you advertise a price reduction and then offer further discounts, the first reduction may have applied for a shorter period than would generally be considered reasonable when compared to the original full price. Where this happens, you should make sure people can understand the reductions by showing the:
Making price comparisons during promotions such as introductory offers, offers that are conditional on factors like quantity and special customer groups.
There are special guidelines to follow when you make price comparisons during introductory offers and other promotional activities.
When you provide pricing information, you should take care not to:
The law says that all price comparisons should be fair and reasonable. If you're not comparing like with like, you should give a clear and unambiguous explanation of the differences.
Carefully consider making price comparisons for:
Matters that businesses need to be aware of so that the price information they give to consumers isn't misleading such as including VAT.
Consumer protection legislation bans traders from giving misleading information about prices. This could include quoting a price that's lower than the one that actually applies to persuade a customer to buy something they might not otherwise have bought.
You must not show one price in an advert, on a website, in a window display, on shelf marking or on the item itself and then charge a higher price at the point of sale or checkout.
There are also specific regulations that apply to particular types of sale or ways of selling - including:
Your local can advise you on the specific regulations that apply to your type of business.
All the pricing information that you give to consumers must include VAT at the appropriate rate. You must display the total price prominently so people can see it clearly.
If all your trade is with business customers, you can legally display VAT-exclusive prices, so you can show the net price and the VAT separately.
You should monitor all your pricing information to make sure it hasn't become misleading. For example, a price you quoted previously may no longer be accurate because you haven't updated it following a change in the VAT rate.
Legislation that protects consumers from unfair commercial practices, including misleading pricing information such as the unfair trading regulations.
Businesses must ensure that where goods are offered for sale to consumers, the selling price is clearly indicated.
The selling price must be inclusive of VAT and other taxes. Where appropriate the unit price must be given to consumers in writing. This information must be:
To understand their legal requirements, retailers can use the resources provided by the Competition and Markets Authority (CMA) in collaboration with Trading Standards.
Unit pricing is designed to allow customers to compare products by reference to weight or volume. Unit pricing is not applicable to small shops with a retail area of less than 280 m2. This is generally categorised as price per kilogram, litre, meter, square meter or cubic meter.
A unit price must be given when goods are either:
Promotional offers should be unit priced to reflect the single standard item.
You should not use statements such as 20% off 鈥榓ll鈥 or 鈥榚verything鈥 unless the statement applies to all the products described, to everything in the store or in that category.
If comparing the price of goods to a competitor鈥檚 price, the price comparison must not be false or mislead consumers.
You should not advertise products at a specific price if you have reason to believe reasonable quantities will not be available.
There are several pieces of legislation that protect people from the activities of unscrupulous or dishonest traders.
If you promote or sell goods, services or digital content to consumers, you must comply with the Digital Markets, Competition and Consumers Act 2024 (DMCCA).
This act bans traders from using any unfair commercial practices. A commercial practice is unfair if it causes a consumer to take a transactional decision they would not otherwise have taken, such as buying goods or services or visiting a shop or website. A commercial practice will also be unfair if it omits information from an invitation to purchase (for example you advertise a product price but do not include VAT), or if it is listed in (commercial practices which are unfair in all circumstances).
Commercial practices are any actions you as a trader take - or omissions you make - that are directly connected to the promotion or supply of goods, services or digital content to members of the public.
Commercial practices include providing information about prices. Examples of unfair commercial practices in relation to pricing include:
You'll also need to comply with other legislation that covers pricing practices, including the:
There are specific regulations covering pricing information provided by certain types of businesses.
There are also .
If your customers are other businesses, you'll need to comply with the Business Protection from Misleading Marketing Regulations 2008. These regulations cover:
What to expect when a trading standards officer visits your premises.
A pricing inspection is relatively straightforward.
Trading standards officers will check the prices of a selection of products in your store, this number will depend on the size of the business. If the visit is in connection with a complaint, the inspection will reflect the nature of the complaint.
A Trading standards officer will ensure that the price is accurate and matches price stickers, the price edge label or promotional material. Special attention will also be given to promotional items, such as, 鈥淏uy one, get one free鈥.
Trading Standards officers may require the assistance of a member of staff, who will normally scan the selected products through a checkout and provide the officers with a receipt.
Trading Standards officers carry out inspections discreetly and try to arrange visits at times which are less busy, however, this is not always possible.
Trading Standards鈥 core function is the protection and promotion of a strong and robust fair trading environment. Trading Standards will sometimes visit your business premise to carry out an inspection and ensure compliance with all relevant rules and regulations.
This visit may be in response to intelligence, such as a consumer or business complaint. Alternatively, this visit may be a routine inspection, carried out as part of a pro-active enforcement project or programme of work.
A visit from Trading Standards does not indicate a presumption of non-compliance but should be viewed as an opportunity to confirm or improve good trading practices.
Most common examples of non-compliance, especially those found during a price inspection, can be remedied with small adjustments. However, on the rare occasion that evidence of more significant non-compliance or rogue trading is discovered, this will be considered by senior trading standards officers, who may recommend formal enforcement outcomes in line with the Trading Standards Service enforcement policy. All Trading Standards visits, regardless of the outcome, will be followed up with a letter.
Trading standards officers carry photographic identification, which displays their name and related departmental details. Unlike other parts of the UK, Northern Ireland Trading Standards Service is the only trading standards organisation operating in Northern Ireland.
If you have any concerns, you should contact The Trading Standards Service on Tel: 0300 123 6262.
Complying with the law when you compare your new selling prices to prices you charged previously and prevent giving out misleading information.
If you make price comparisons with your own previous prices, you should take care to:
It's important to make sure that the previous price you refer to is a genuine retail price. A price is genuine if you would reasonably expect to sell a significant volume of goods at that price, or if you would have offered the goods for sale at that price for a reasonable period - such as 28 days.
How to stay within the law when you make price comparisons for your products or services and avoid giving misleading pricing information.
Consumer protection regulations ban traders from giving false or misleading pricing information that could make a consumer buy something they might not otherwise have bought. The regulations ban:
If you're going to make any form of price comparison for your products or services, you should be able to:
When you make any price comparisons, it's important to:
Complying with the law when you compare your selling prices to the prices that other traders charge and avoiding giving misleading pricing information.
If you make price comparisons with another trader's prices, you should take care that these don't mislead people by:
To comply with consumer protection regulations, you should make sure that:
Comparing your selling prices with another price such as a recommended retail price or a pre-printed price, sale and event prices or free offers.
When you're comparing your products' prices with other prices there are some situations where you'll need to take special care not to mislead people.
If you make a price comparison, you shouldn't use a recommended retail price (RRP) or a similar price if:
If the manufacturer of a product has included a printed price reduction like '10p off RRP' on the packaging, you should pass this on to your customers.
If the item carries a pre-printed price that's higher than the price you'll charge, you're making a price comparison. You should treat the pre-printed price in the same way as an RRP.
The rules covering pricing information also apply to sales and special events. Key requirements include:
The law bans traders from describing a product as 'free' if a customer has to pay anything for it apart from any unavoidable cost of responding to the offer and the cost of collection or delivery.
You should make it clear exactly what people must do to get a free or reduced-price offer - for example, collecting tokens or paying for delivery.
Making price comparisons in special cases such as perishable goods and distance contracts, and making a series of price reductions over time.
There are guidelines to help you when you make price comparisons in special cases such as:
Generally, the price you should use for any price comparison is your most recent price available for 28 days or more in a row. However, if you reduce an item of food or drink for quick sale because it's close to exceeding its shelf life, you can use a previous price that applied for a shorter period if this is reasonable in the circumstances. The price you use for the comparison should be the last price that the product was on sale for in the same outlet.
This also applies to perishable non-food items if they have a short shelf life - for example, less than six weeks.
If you only sell products through distance contracts so there's no face-to-face contact with your customers, you shouldn't make a price comparison with a previous price that wasn't your own last price.
You might sell the same products for different prices from different types of outlets - for example online and in your shop. If you compare one price with another that's available in a different outlet, you'll need to explain this clearly.
If you advertise a price reduction and then offer further discounts, the first reduction may have applied for a shorter period than would generally be considered reasonable when compared to the original full price. Where this happens, you should make sure people can understand the reductions by showing the:
Making price comparisons during promotions such as introductory offers, offers that are conditional on factors like quantity and special customer groups.
There are special guidelines to follow when you make price comparisons during introductory offers and other promotional activities.
When you provide pricing information, you should take care not to:
The law says that all price comparisons should be fair and reasonable. If you're not comparing like with like, you should give a clear and unambiguous explanation of the differences.
Carefully consider making price comparisons for:
Matters that businesses need to be aware of so that the price information they give to consumers isn't misleading such as including VAT.
Consumer protection legislation bans traders from giving misleading information about prices. This could include quoting a price that's lower than the one that actually applies to persuade a customer to buy something they might not otherwise have bought.
You must not show one price in an advert, on a website, in a window display, on shelf marking or on the item itself and then charge a higher price at the point of sale or checkout.
There are also specific regulations that apply to particular types of sale or ways of selling - including:
Your local can advise you on the specific regulations that apply to your type of business.
All the pricing information that you give to consumers must include VAT at the appropriate rate. You must display the total price prominently so people can see it clearly.
If all your trade is with business customers, you can legally display VAT-exclusive prices, so you can show the net price and the VAT separately.
You should monitor all your pricing information to make sure it hasn't become misleading. For example, a price you quoted previously may no longer be accurate because you haven't updated it following a change in the VAT rate.