Ireland’s consumer watchdog targets Boots and Shein over misleading claims

The first case involves Boots Ireland, which pleaded guilty on 26 May to misleading pricing practices during its 2023 Black Friday sale. The prosecution was brought by the CCPC against the retailer following online sweeps conducted over the 2023-24 winter sales season.

The case is one of the first wave of prosecutions brought under new pricing transparency rules introduced in Ireland in 2022. Under the legislation, traders are required to base any discount on the lowest price in at least the previous 30-day period and to ensure this price is displayed clearly on any price tag or advertisement. It follows an earlier case in March this year in which three other retailers pled guilty to breaching sales pricing legislation.

In the Boots’ case, the CCPC argued that inflated “was” prices on products like Oral-B toothbrushes and Dior perfume did not reflect the lowest price in the previous 30 days. The court ordered the retailer to pay €1,000 to the Little Flower Penny Dinners charity in addition to paying the CCPC’s costs. The case has been adjourned until June 26, at which point the judge may dismiss the case or conditionally discharge Boots in line with the provisions of section 1(1) of the 1907 Probation of Offenders Act.

In a separate case, the CCPC has also taken action against online retailer Shein, calling on the fast-fashion group to rectify several practices on its platform that are in potential breach of EU consumer law. The investigation, which is being coordinated by the European Commission and co-led by national consumer authorities in Belgium, France and the Netherlands, has identified issues including fake discounts, pressure-selling tactics and unclear information regarding consumer rights.

In particular, the investigation outlined concerns over misleading claims related to giving false or deceptive information about the sustainability benefits of certain products. Jane Bourke and Isabel Humburg, who specialise in advertising clearance at Pinsent Masons, said the investigation pointed to regulators’ growing resolve to crack down on sustainability claims by retailers that put undue pressure on consumers into purchasing specific products on account of their purported ‘green’ credentials.

In relation to the Boots case, CCPC chair Brian McHugh said on the regulator’s website: “Misleading sale discounts harm consumers and harm competition. Businesses need to be able to compete for consumers openly and honestly on price. Transparency around sales discounts allows consumers to make informed decisions about their purchases and to shop with confidence.”

Dublin-based regulatory compliance and consumer protection expert Karen Gallagher of Pinsent Masons highlighted the growing pressure on retailers to stay ahead of enforcement trends.

“Retailers must be especially vigilant,” she said. “The recent CCPC cases, combined with the open letter issued by the CCPC and other regulators warning against greenwashing, signal a clear intensification of regulatory scrutiny. Now is the time for businesses to take stock – review their practices, ensure they align with evolving compliance expectations, and seek legal advice where necessary to reduce exposure to enforcement risk.”

Shein has been given one month to propose commitments on how the company will address the issues identified by the investigation. "It's now for Shein to step up, respect the rules and bring its practices fully in line with EU consumer standards," said EU justice commissioner Michael McGrath.

The CCPC said that Shein has also been asked to provide further information to assess the company’s compliance with further obligations, including around product rankings, ratings and reviews and third-party sellers.

London-based competition and consumer law expert Tadeusz Gielas of Pinsent Masons said: “The Shein investigation follows other recent EU consumer protection coordinated actions involving online retailers and marketplaces, highlighting the growing non-compliance risk for businesses under EU consumer protection laws.”

“In the UK, misleading practices involving pricing, aggressive upselling and other pressure selling tactics, greenwashing, online choice architecture, and recommendation platforms, are priority areas for consumer protection enforcement by the Competition and Markets Authority (CMA). Businesses marketing or selling to UK consumers – even if they are based outside the UK – may now face stronger enforcement action under a revamped consumer protection regime that is modelled on the UK’s competition law regime and allows the CMA to impose substantial civil penalties on businesses and individuals,” he said.