The FSA says that firms should consider the following when designing structured products and dealing with the after sales process:
• identify the target audience and then design products that meet that audience's needs;
• pre-test new products to ensure they are capable of delivering fair outcomes for the target audience;
• ensure a robust product approval process is in place for new products; and
• monitor the progress of a product throughout its life cycle.
An FSA spokesman said: "As identified in the FSA's recent Retail Risk Conduct Outlook, consumers continue to struggle with the effects of a slower economy, low interest rates and poor returns on investments. Given this environment, consumers are increasingly attracted to products that claim to offer a degree of security but promise to deliver returns that outperform cash. However, in many cases the benefits and risks of these products are opaque and the potential for mis-selling or mis-buying is high.
Therefore today the FSA has provided firms with guidance on how best to develop structured products to meet clients' needs and ensure a robust post-sale process."
In October 2009, the FSA published 'Treating Customers Fairly – Structured Investment Products' and identified the potential risks of structured products to consumers.
From November 2010 to May 2011, the FSA conducted a review of seven structured product providers, responsible for approximately 50% of structured products in the UK retail market by volume and value. In November 2011, the FSA reported on the review and consulted on new guidance.