Shein accused of “dark marketing” — what does it mean?

Shein, the Chinese fast fashion giant, is in hot water this week over its alleged use of manipulative marketing tactics.

The European Consumer Organisation (BEUC), made up of 25 members across 21 countries, has accused Shein of using “dark marketing” techniques which it says are designed to pressure shoppers into impulsive purchases.

But what exactly is dark marketing, and how can small ecommerce brands ensure they’re not inadvertently using it in their own marketing plans?

What is dark marketing, and why does it matter for ecommerce?

While most shoppers won’t have heard the term “dark marketing” before, you may be more familiar with the concept if you’re marketing an online store.

The phrase dark marketing, or dark patterns, refers to techniques which aim to trick or pressure customers into purchases by toying with emotions. 

The BEUC has criticised Shein specifically for allegedly using tactics such as fake countdown timers and low-stock messages, nagging customers, creating ‘FOMO’ or a fear of missing out, and forcing registration on the site with pre-ticked sign-up boxes.

The retailer has also been accused of “confirm shaming,” which attempts to coerce the user into opting into something, like buying a product or signing up for an account. 

For example, using manipulative copy like: “No thanks, I hate saving money,” to close a pop-up offering a discount if users sign up for a newsletter would count as confirm shaming.

Commenting on the complaint, BEUC Director General, Agustín Reyna said: “This ultra-fast fashion model is fuelled by manipulative practices that pressure consumers into buying ever more. SHEIN is designed to be addictive: it is driven by powerful algorithms to maximise consumer engagement and overspending.”

The BEUC has now submitted a 29-page dossier to the European Commission with examples of these alleged dark patterns. Shein claims that the group has not accepted a request for a meeting to discuss the filing further.

How can you spot dark patterns in your own site or marketing?

As more large retailers use dark patterns in their marketing approach, smaller ecommerce companies may have unintentionally adopted this style, without knowing the risks.

Common examples of dark patterns include:

• Pre-ticked boxes: These automatically opt users into extra charges, subscriptions, or newsletters unless manually unchecked, tricking them into paying more or handing over personal data.
• Confusing checkout flows: Complex or misleading navigation during checkout makes it hard to review or change purchases, often leading to accidental buys.
• Guilt-tripping language: Sentiments like “Don’t miss out,” or “We will be sad if you leave”, pressure users emotionally into completing purchases.
• False scarcity: Lying about stock levels, e.g. “Only 2 left!” or using fake countdown timer, creates a false sense of urgency, pushing users into impulse buys.

In terms of EU law, dark patterns break the Digital Services Act (DSA), specifically Articles 25 and 31, which prohibit practices that distort or impair users’ ability to make autonomous and informed choices.

As Shein and other large retailers grow their presence in the EU, regulation is tightening up. It’s a smart time for smaller sellers to review their website or app UX and ensure their marketing practices are in line with the law.

There are also new UK consumer protection laws that sellers must be aware of, as they are increasingly targeting these issues to protect shoppers. 

From April 6, the Competition and Markets Authority (CMA), will be able to investigate online sellers and those found in breach of the law could be fined up to 10% of their global turnover.

How to build trust, not pressure

In a competitive market, it’s tempting for online sellers to lean on urgency to drive sales. But as consumer attitudes shift toward mindful shopping, ethical marketing isn’t just the moral choice. It can actually see better results.

Highlighting low stock is still allowed, just ensure it’s genuine and not a sales tactic. Falsely claiming scarcity will only damage trust when customers eventually catch on that the items they rush to buy are still available weeks later.

Instead, focus on building credibility with clear CTAs, easy opt-outs, and streamlined checkouts. There are plenty of tools and plugins that help you do this transparently, without resorting to manipulation.

While giants like Shein might be able to absorb the fallout from the BEUC’s accusations, the success of smaller businesses rests on long-term customer retention and trust. 

And, in an era of savvier shoppers and stricter regulation, it’s a great time for independent sellers to embrace integrity.