Trading Standards Offences

Trading Standards prosecutions can expose businesses, directors and individuals to criminal liability, substantial financial penalties and serious reputational harm. We advise clients facing criminal investigations, interviews under caution and prosecutions brought by Trading Standards departments across a wide range of alleged consumer and trading offences.

Where investigations also give rise to civil or commercial disputes, our civil litigation team works closely alongside our business crime lawyers where required.

The team is headed by George Kampanella and advises businesses and individuals in complex regulatory and criminal investigations involving significant commercial and reputational risk.

Who We Act For

We advise:

• Companies and business owners

• Retailers and wholesalers

• Online and e-commerce sellers

• Directors and senior management

• Manufacturers and distributors

• Individuals facing criminal prosecution by Trading Standards

Trading Standards Criminal Offences

We advise on criminal investigations and prosecutions involving allegations such as:

• Fraudulent or misleading trading

• Consumer protection offences

• Product safety breaches

• Counterfeit goods allegations

• False or misleading advertising

• Food safety and labelling offences

• Underage sales allegations

• Doorstep and distance selling offences

These investigations are often highly disruptive and may involve search warrants, seizures of stock or devices and formal interviews under caution.

Investigation and Prosecution Defence

Trading Standards officers have wide-ranging enforcement powers and early legal advice is often critical. We advise clients throughout the investigation stage, including in relation to:

• Interviews under caution

• Search warrants and seizures

• Disclosure and document requests

• Charging decisions and prosecutions

• Court proceedings in the Magistrates’ Court and Crown Court

We work with clients to assess the strength of the allegations, identify weaknesses in the prosecution case and protect their position from the outset.

Defences to Trading Standards Allegations

Potential defences will depend on the nature of the allegations and the available evidence. In some cases, businesses may be able to rely on due diligence procedures, lack of knowledge or failures in the investigation process itself.

Careful analysis of compliance systems, internal procedures and the conduct of investigators can often be central to defending allegations effectively.

Mitigation and Sentencing

Even where allegations are admitted or a conviction is likely, early mitigation can make a substantial difference to the outcome of a case. Sentencing in Trading Standards prosecutions often takes into account factors such as the seriousness of the breach, turnover and financial position of the business, the level of harm caused, previous compliance history and the steps taken to address any issues identified.

We assist clients in preparing detailed mitigation, including evidence of compliance procedures, remedial action, cooperation with investigators and improvements implemented following the investigation. In appropriate cases, strong mitigation can help reduce financial penalties, limit reputational damage and avoid more serious sanctions against directors and individuals.

Criminal Penalties

Trading Standards offences can result in:

• Unlimited fines

• Criminal convictions

• Director disqualification proceedings

• Confiscation proceedings

• Imprisonment in serious cases

Convictions can also have wider consequences for licensing, trading relationships and reputation.

Track Record

We have acted in matters involving:

• Consumer protection prosecutions

• Fraud and misleading trading allegations

• Product safety investigations

• Criminal enforcement action against businesses and directors

• High-value and reputation-sensitive regulatory investigations

Contact Our Trading Standards Defence Team

If you are facing a Trading Standards investigation or prosecution, obtaining specialist criminal defence advice at an early stage can make a significant difference to the outcome. We provide clear, commercially focused representation tailored to the seriousness and complexity of the allegations involved.