Advice on trading standards investigations
Investigations by trading standards authorities can have devastating consequences. Allegations and investigations shake consumer confidence and endanger personal and commercial reputations.
Technical breaches of complex and obscure rules can result in severe penalties. Even when a prosecution does not ensue, the effects of an investigation can be far reaching and serious.
It is crucial to respond quickly and decisively to any breach or investigation by a regulatory enforcement authority.
Once an investigation is underway, either as a result of a test purchase or a complaint, it is normal for businesses or individuals to be invited to voluntarily attend an interview under caution. In more serious cases, it may be that individuals are arrested by the Police, working in conjunction with Trading Standards Officers. It is possible for properties to be searched and items to be seized.
It is vitally important that advice is taken at the earliest possible opportunity, as statements made in interview are likely to become important if there is any subsequent prosecution. Seeking advice from a trading standards solicitor at this stage gives an individual or business the best possible opportunity to achieve the most favourable outcome, whatever their particular circumstances may be. At this point it may, for example, be possible to liaise with Trading Standards to explore alternatives to prosecution such as written warnings or a formal caution in accordance with their enforcement policy.
We advise and represent manufacturers, distributors and retailers on issues including:
- product safety
- product recall
- food safety
- supply of age-restricted products to minors
- weights and measures
- trade descriptions and copyright infringements
- consumer credit and contract terms
- advertising practices
- sales practices including web based sales
- licensing
- Magistrates and Crown Court proceedings and appeals
We use our experience of matters ranging from local authority test purchases to large and complex prosecutions by national regulators to help clients identify areas of regulatory risk and implement practical solutions.
To arrange a discussion with a trading standards solicitor click here or call us on 0800 840 4929.
