Key Facts

• Clause 217 sets out unfair commercial practices prohibited by the Bill.
• Government amendment 71 ensures acts or omissions by traders are covered under current law.
• Clauses 218 to 222 define and prohibit various types of misleading, aggressive, and negligent commercial practices.
• Clause 217 sets out a general prohibition on unfair commercial practices.
• Amendment 71 ensures that rogue traders' actions fall under the definition of commercial practice.
• Clause 220 defines aggressive practice, including coercion and undue influence.
• Amendment 119 inserts a clause requiring compliance with the General Product Safety Regulations 2005.
• Amendment 123 introduces marketing restrictions on counterfeit or dangerous products online.
• Amendment 124 empowers authorities to remove unfair commercial practices from the internet if found under Schedule 18 paragraph 32.
• Amendment 121 requires regulations defining 'reasonable steps' for sections 217 and 218 of the Act.
• Amendment 120 makes it a misleading action to sell goods online without taking reasonable steps to ensure they have not been subject to recall.
• Amendment 124 creates the takedown power for dangerous or counterfeit goods from online sales.
• In 2021, 60% of toys tested were unsafe and 86% were illegal to sell in the UK due to lack of compliance with safety standards.
• Amazon's US annual report acknowledged inability to prevent sellers from selling unlawful products.
• BTHA reported a crocodile toy as dangerous but faced delays in removal by Amazon over two years.
• Which? found 90 products still for sale on Amazon and 20 on eBay despite recalls due to safety risks.
• Platforms have failed to adequately address issues related to non-compliant products.
• The OPSS chief exec stated there is too much evidence of non-compliant products sold by third-party sellers on online marketplaces.
• Amendment 124 would 'require the removal' rather than merely request it, giving regulators a stronger power.
• Electrical Safety First found 60 unsafe e-bike and e-scooter chargers across four online marketplaces.
• The product safety review was first promised over a year ago during the Report stage of the Building Safety Bill.
• The Office for Product Safety and Standards (OPSS) reports that between 60% to 80% of sampled products are unsafe.
• Amendment 68 aims to ban greenwashing by prohibiting unsubstantiated environmental and sustainability claims.
• Amendment 69 proposes a Government-led consultation on defining 'sustainability' for labelling products and services, requiring compliance with international standards.
• Amendments aim to prevent misleading commercial practices regarding the environmental benefits of products.
• Amendments 68 and 69 aim to tackle greenwashing practices.
• A ClientEarth survey found that 66% of consumers are willing to pay more for environmentally friendly products, rising to 72% for those under 20.
• A European Commission study in 2020 showed that over 50% of environmental claims were vague, misleading, or unfounded.
• Amendments 68 and 69 would ban greenwashing practices.
• The amendments require the Government to define sustainable products and services according to international standards.
• Research shows that consumers under 35 make purchasing decisions based on trust in sustainability claims.
• Drip pricing involves advertising only part of a product’s price and revealing other obligatory charges later in the purchase process.
• The Competition and Markets Authority (CMA) has found enforcement against drip pricing to be inhibited by the absence of an explicit ban.
• Research on the prevalence and harm caused by drip pricing will be published shortly.
• Amendment 116 adds the practice of commissioning fake reviews, offering services to write fake reviews, and displaying consumer reviews without verifying their accuracy to unfair commercial practices.
• Amendment 125 would add practices such as stating false origins of reviews or misrepresenting consumer reviews to banned practices.
• Which? research from 2020 found that consumers are more than twice as likely to buy poor-quality products influenced by fake reviews.
• The average UK household spends £900 a year due to online review influence, according to the CMA.
• Department for Business and Trade's April 2023 research shows that 11% to 15% of reviews in assessed categories were fake.
• The amendment comes from consumer group Which?.
• ESF found that 93% of products bought from online marketplaces were unsafe.
• The Government plans to consult on fake reviews in the autumn.
• Amendment 126 aims to leave out “and its price” from clause 222.
• The amendment seeks to cover characteristics of a product even if the price is not provided.
• Amendment 127 aims to make it mandatory for consumers to be informed about the status of a seller when purchasing products online.
• Amendment 126 would expand the definition of 'invitation to purchase' to cases where information about product characteristics is provided but not its price.
• Which? conducted tests in February this year and found that all 10 plug-in mini-heaters bought from online marketplaces such as Amazon and eBay failed safety requirements.
• Amendment 114 proposes a report on the merits of individual and collective consumer rights through secondary legislation.
• The report must be laid before Parliament within 12 months after the Act is passed.
• Amendment 67 seeks to ensure that consumer rights under the new regulations are not lesser than those available under the Consumer Protection from Unfair Trading Regulations 2008.
• Amendment 67 aims to maintain existing levels of protection in future secondary legislation.
• Amendment 114 requires a report on the introduction of individual and collective redress rights.
• The Consumer Protection from Unfair Trading Regulations 2008 provide baseline protections for consumers.