Retail surgery: What are the Consumer Protection from Unfair Trading (CPUT) regulations?

The CPUT regulations came into force in 2008 to replace the Trade Descriptions Act 1968 and there is  some ambiguity surrounding them.

Chris Morrison, partner at law firm Halliwells, says: “These regulations have hardly been tested – we’ve only seen a handful of investigations and only now are prosecutions starting to come through.

“In misleading action cases, which include those relating to the characteristics and composition of a product, retailers have a requirement of ‘professional diligence’.” This requires them to show a reasonable standard of skill and care towards consumers. But the exact requirements of the standard have yet to be decided in the criminal courts.

In cases where a problem has been identified with products sourced from another manufacturer, retailers can avoid the courts if they can demonstrate evidence of rigorous testing and sampling in-house. This is particularly essential if the product is being sold as part of an own-brand range by the retailer.

Morrison says: “If they can show that they have been properly auditing their suppliers, any investigation will go further up the supply chain to identify where culpability lies.”

Where retailers are found not to exercise a high degree of professional diligence in terms of ensuring products are of a strong standard, they can be investigated and tried by the Magistrates’ Court. Depending on the severity of the case, it can then be referred to the Crown Court.