Advertising and marketing

Contact: Oliver Bray and Rupert Cowper-Coles

Advertising and marketing

CAP announces further consultation on new restrictions on ads for “less healthy” food and drink products

The Committee of Advertising Practice (CAP) has announced it is issuing a further consultation on the implementation of new restrictions on food and drink advertising to children introduced by government through legislation, on behalf of the Advertising Standards Agency (ASA). New rules are due to come into force from October 2025, prohibiting ads for "identifiable" less healthy products from being included in Ofcom-regulated TV services and on-demand services between 0530 and 2100, and from being placed in paid-for space in online media at any time. An initial CAP consultation on guidance on the rules ran in early 2024. However, in January 2025, a further consultation was announced – owing to the Government not proceeding with including clarification wording in the legislation regarding whether "brand advertising" would be out of scope of the ban – meaning that CAP's proposed guidance requires amendment.

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CAP and BCAP share proposed amendments to the Advertising Codes following review in response to the DMCCA

At the end of last year, the Committee of Advertising Practice (CAP) and the Broadcast Committee of advertising Practice (BCAP) shared the proposed amendments to their Codes to reflect changes to UK consumer law in the form of the Digital Markets, Competition and Consumers Act 2024 (DMCCA), which received Royal Assent in May 2024.

The proposed amendments include the introduction of a new prohibited practice on fake consumer reviews, changes aimed at tackling "drip pricing", and changes broadening the prohibited practice on falsely claiming to cure illness. Public consultation on these amendments closed last month.

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Advertising and marketing

Consultation on removal of CAP and BCAP rules and guidance relating to energy labelling and product fiche information

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) recently welcomed feedback on the removal of CAP and BCAP rules, and accompanying guidance, relating to energy labelling and product fiche information. The rules were introduced in 2011, however the ASA has not received any complaints under these rules since they were implemented, and as there is already a statutory body, the Office for Product Safety and Standards (OPSS), responsible for the enforcement of the relevant regulations, they are considering whether it's necessary for the CAP and BCAP rules to reflect energy labelling legislation at all. This consultation has now closed.

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CMA shares draft guidance on UCP provisions in the DMCCA

The Competition and Markets Authority (CMA) have shared draft guidance on unfair commercial practices (UCP) provisions in the DMCCA, which will replace and update the Consumer Protection from Unfair Trading Regulations 2008 (likely as soon as the end of April 2025). The UCP provisions apply to a broad range of commercial practices which may impact consumers. The draft guidance outlines how these provisions may apply in practice, and is intended to help traders comply with them. The consultation process was open until 22 January 2025, and feedback received will be used to inform the CMA's final guidance on the application of the prohibitions of unfair commercial practices in Chapter 1 of Part 4 of the DMCCA.

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Consultation on the implementation of the new subscription contracts regime under the DMCCA

Research shows there are approximately 155m active subscriptions in non-regulated sectors in the UK, representing consumer spend of approximately £26 billion per year, with 5.8% of active subscriptions being unwanted by the customer. The Digital Markets, Competition and Consumers Act 2024 (DMCCA) sets out a legislative regulatory framework to strengthen protections for consumers when they enter a subscription contract. The government have sought feedback on subscription provisions in the DMCCA, including proposals on regulatory provisions needed to implement cooling-off cancellation rights, cancellation remedies for breach of duties, repayment of funds, contractual terms for existing a contract, arrangements for exiting contracts, information notices, and pre-contract information. The consultation closed on 10 February 2025.

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