Work with the Advertising Standards Authority
Work Areas

Work with the Advertising Standards Authority

National Trading Standards acts as the legal backstop for the Advertising Standards Authority (ASA). The ASA is recognised by government, the courts and trading standards as the ‘established means’ for the enforcement of misleading advertising. Government favours self-regulation and sees law enforcement as a last resort. This is set out in law with the Consumer Protection from Unfair Trading Regulations 2008 that includes the requirement for law enforcement bodies to use ‘established means’ before taking any action. 

When the Office of Fair Trading was closed down (the original ASA legal backstop) government sought an alternative backstop arrangement and National Trading Standards became the ASA's new legal backstop.  

National Trading Standards has a agreement with the Buckinghamshire and Surrey Trading Standards and provides funding for Buckinghamshire and Surrey to deliver this legal backstop on its behalf.  

However, it is the ASA’s decision whether or not to make a referral to Buckinghamshire and Surrey, where the ASA’s sanctions have not deterred a marketer from continuing with misleading advertising.  It is then Buckinghamshire and Surreys Council’s decision whether or not to investigate or take any enforcement action.  

Buckinghamshire and Surrey Council acts completely independent of the ASA and National Trading Standards in their decision making. Buckinghamshire and Surrey considers any referrals they receive to determine if there are any breaches of relevant legislation.  Buckinghamshire and Surrey Council will then take any appropriate action, in accordance with their own enforcement policy and administrative functions.   

You can find out more about how the ASA’s advertising rules are enforced here

Work with the Advertising Standards Authority Press Releases

Man who claimed to 'cure cancer' with blood test and food fined and handed Criminal Behaviour Order

20th April 2018

Protecting Consumers & Safeguarding Businesses

The National Trading Standards Work Areas

National Trading Standards has teams overseeing a range of issues, from copycat websites to doorstep crime.

Work Areas

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