FPA Connect Autumn 24 - Flipbook - Page 32
Anne: How important is it for our members to substantiate claims?
Philip: All businesses making claims do so at their own risk. We always say at Trading
Standards that if something is true and can be evidenced then businesses should
shout from the roof tops about it because they are often in competitive markets.
However, there are significant risks if claims are made that cannot be substantiated –
after all, without substantiation the claim may not be true. In addition to unlimited
fines in the courts from enforcement action, there are also other bodies to consider,
such as the Advertising Standards Authority, which has its own sanctions. The fallout
from using unsubstantiated claims can be costly as well as damaging to reputations
Anne: What is the role of Trading Standards in relation to changes to the law?
Philip: It is every business’s responsibility to comply with the law, be aware
of changes to the law, and ensure products are compliant when these
changes come into effect. One of the benefits of being a member of a trade
association like the FPA is that members can be made aware of upcoming
changes to the law and how they can comply. Our new Primary Authority
Partnership with the FPA will provide advice to members on any statutorystatus changes to the law – meaning that if followed it must be respected by
other local authorities.
Anne : Are all matters typically resolved and, if not, can a matter be taken
to court?
Philip: Both civil and criminal matters can always be taken to court, although our
Primary Authority Scheme is designed to avoid court as the arena in which legal
challenges against members are heard.
Anne: If a trading breach is taken to court, is it considered to be a civil or a
criminal offence, and what sort of fines can the courts impose for unfair
trading?
Philip: The matters we deal with from the FPA are predominantly criminal matters
and, for most offences, unlimited fines are available to the courts. Fines are typically
calculated based on business turnover.
Anne: Does the FPA’s Primary Authority Partnership cover the whole of the UK?
Philip: All businesses in the UK can be a member of a Primary Authority Scheme –
the effect that advice has varies on the geographical coverage of the legislation
Trading Standards is providing advice on. Generally speaking, all of the legislation
advised on has effect in at least England.
32 FPA CONNECT
