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by: Hermione Hill
September 1, 2026
Blog
Trading Standards investigations and prosecutions
If you or your company is being investigated or facing prosecution by trading standards, our specialist trading standards solicitors can provide expert legal advice and representation.
Trading Standards prosecutions or investigations can place a huge strain on a business and its key personnel. In some instances, convictions against individuals can result in the imposition of a custodial sentence. Taking expert legal advice at the outset can often make all the difference.
We have extensive experience in representing companies and individuals facing Trading Standards investigations or who have been accused of trading standards offences. We guide our clients through the process and focus on helping them achieve the best possible outcome.
We help individuals and companies with consumer protection compliance advice. We advise online retailers and other businesses navigate Trading Standards investigations. We can assist in dealing with the seizure of products and issues arising under the Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015.
Our expertise includes:
- Advising on Trading Standards Investigations
- Defending Trading Standards prosecutions
- Advising on the Seizure of products from retailers
- Advising on product safety issues
- Advising on Health regulation issues
- Advising on Trade Marks issues
- Defending ASA investigations and conducting appeals
What is Trading Standards?
Local authorities employ Trading Standards Officers to investigate consumer complaints and enforce legislation relating to the protection of consumers. The relevant legislation covers a number of different areas including:-
- Unfair commercial practices
- Counterfeit goods/trademark infringement
- Labelling/descriptions
- Weights and measures
- Under-age sales (e.g. tobacco and alcohol)
- Consumer contract regulations (governing distance selling)
- Animal welfare
- Consumer safety
- Fraudulent activity
The Consumer Protection from Unfair Trading Regulations 2008
These regulations are far-reaching and place a general duty on traders not to employ unfair commercial practices such as high-pressure selling. Schedule 1 of the Regulations is a non-exhaustive list of 31 commercial practices that will always be considered unfair. The list covers particular practices relating to codes of conduct, advertising, after-sales services, pyramid schemes, closing down sales, products claiming to cure illnesses, prizes and free items.
Related legislation designed to protect businesses can be found in The Business Protection from Misleading Marketing Regulations 2008.
Trading Standards Officers Powers
Trading Standards officers have a number of investigative powers. In some circumstances these extend to seizing and detaining goods. They do not have powers of arrest, but where they suspect a trading standards offences or a criminal offence has been committed they can request the assistance of the police in order to arrest a suspect.
One investigative tool available to Trading Standards officers is ‘mystery shopping’ – the ability to pose as a consumer.
Trading Standard Investigations
If Trading Standards raise a concern with you about the way your business is operating then you should take independent legal advice, preferably prior to responding to any allegation.
Trading Standards will sometimes wish to interview individuals ‘under caution’, at the local authority offices or sometimes at a police station. We can attend such interviews with you. You cannot be compelled to answer questions. In many instances it will be possible to address concerns raised or negotiate formal or informal agreements/undertakings about future conduct. In cases where a trading standards prosecution ensues, we can represent you and/or your company in any court proceedings.
Contact Our Regulatory Defence Team
If you are facing a regulatory investigation or prosecution, early legal advice could make all the difference. Whether you are in London or across England and Wales, contact one of our specialist regulatory defence solicitors to arrange a confidential consultation.
Call us on 020 7183 8950, email us or complete our secure online enquiry form.
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