Consumer Legislation  

There is a wide range of legislation - laws - that controls the supply of goods and services and protects the consumers' rights.

The consumer is a person who buys goods or services for direct use or ownership, rather than for resale or use in manufacturing.

Consumer Credit Act 1974 

This act provides certain safeguards to consumers who purchase goods and services on credit.

It requires most businesses that offer goods and services on credit, to consumers, to be licensed by the Office of Fair Trading (OFT).

This act has been updated by the Consumer Credit Act 2006 which establishes a fairer, clearer and more competitive market for consumer credit. It updates consumer credit legislation of 1974 making it more relevant to today's consumers enabling them to challenge unfair relationships with creditors.

Consumer Protection Act 1987 

Prohibits the supply of goods that are unsafe to use, all goods must conform to general safety guidelines. It imposes liability for defective products primarily on the producer of the products not the supplier. It provides the power to seize unsafe goods or to suspend sale of suspected unsafe goods. It also prohibits misleading price indications.

The Consumer Protection Act has been substantially changed by the General Product Safety Regulations introduced in 1994.

Essentially the Regulations require manufacturers and retailers to take steps to ensure that the products they supply are safe, that they provide consumers with relevant information and warnings, and that they keep themselves informed about risks.

Consumer Safety Act 1978

This act lays down legal safety standards to minimise the risk to the consumer from potentially harmful or dangerous products.

Cosmetic Products (Safety) Regulations 2008

All cosmetic products supplied in the UK whether for consumer or professional use, must comply with these regulations that consolidate previous cosmetic regulations and implement current European directives. 

The regulations require that cosmetics and toiletries should be clearly labelled providing detailed information for the consumer relating to formulations and their ingredients.

The labelling may appear on the product, the packaging or on an advice sheet included with the product.

A cosmetic product may be defined as; any substance that is used on the skin, teeth, hair, nails, lips or external genital organs, with the intention to; cleanse, perfume, change the appearance of, protect, keep in good condition or to correct body odours.

All products must be labelled with the following:

• A list of ingredients on the container, the packaging or on a label or leaflet attatched.
• Name and address of manufacturer or supplier.
• A use by date on the outer packaging as well as the container. Storage instructions should also be provided to keep the contents at its best.
• Warnings and safety precautions.
• Batch number to identify a product which may have to be recalled.
• Function of the product where appropriate
• Weight, required under the Weights and Measures Act 1985

The Regulations require that finished cosmetic products must undergo a safety assessment by a suitably qualified person before they can be placed on the market. They also state:

• It is an offence to supply cosmetic products that are liable to cause damage to human health when applied under normal or reasonably foreseeable conditions of use.
• The use of certain substances in cosmetic products is prohibited.
• The use of certain substances is restricted - e.g. some fragrances, colouring agents, preservatives and UV filters.
• The use of 'specified risk material' (e.g. products derived from certain animals that may carry a risk of BSE) as an ingredient is prohibited.
• Specific labelling is required.
• Certain information is required to be held by the 'responsible person.'

The Sale of Goods Act 1979 (amended by The Sale and Supply of Goods Act 1994)

This act states that goods must be of satisfactory quality, free from fault, of a reasonable finish, durable and safe. The goods must be fit for the purpose they are sold and correspond with their description.

The Supply of Goods and Services Act 1982 

This act improves the rights of the client in relation to poor service. Any person providing a service must act with reasonable care, work within a reasonable time and charge a reasonable price.

The Trades Description Act 1968 and 1972 

This act prevents the seller of goods and services from making exaggerated claims, misleading the consumer or providing inaccurate descriptions by word of mouth, in a written contract, advertisement or labelling.

The description itself covers a range of factors, including:

• quantity and size
• composition of a product
• method, place and date of manufacture
• fitness for stated purpose and safety
• endorsements by people or organisations
• products and services

This act is enforced by the local authorities' Trading Standards Officers. Trading Standards will also advise both consumers and businesses on trading problems.

The Prices Act 1974 

According to this act, prices must be displayed in such a manner that it does not give a false impression to the consumer, about the goods and services that are on offer.

The Resale Prices Act 1976 

This act prevents manufacturers from imposing a specified retail price for goods. It is unlawful for a supplier to impose minimum retail price by witholding supplies of the goods or discriminating in any other way. Many companies do however have a recommended retail price which they suggest their customers use.

The Consumer Protection Distance Selling Regulations 2000 

If you sell goods or services to a consumer by; mail order, the Internet, digital television, phone or fax you must comply with these regulations. A distance contract is one where there has been no face to face contact between the consumer and the representative of a business.

The key features are:  

• To give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the suppliers details and the consumer's cancellation right before they buy.
• The information must also be provided in writing.
• The consumer has a cooling off period of seven days.