Advertising and marketing

Contact: Oliver Bray and Rupert Cowper-Coles

Advertising and marketing

ASA releases updated advice on avoiding offensive ads

The Advertising Standards Authority (ASA) has updated guidance to help advertisers avoid causing offence. While offensive ad complaints represent a small proportion of investigations, they often generate significant media attention. The ASA rule prohibits content likely to cause serious or widespread offence, with particular care required regarding protected characteristics.

The guidance addresses several sensitive areas including protected characteristics, swearing, death, nudity, gender stereotypes, and racial/ethnic stereotyping. Recent updates include the 2019 introduction of rules against harmful gender stereotypes and 2023 guidance on avoiding harmful racial and ethnic stereotypes in advertising.

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UK advertising codes amended to reflect the DMCCA 2024

The Advertising Standards Authority (ASA) has updated several rules in the CAP and BCAP Codes to reflect the current unfair commercial practices) provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA). Since 6 April 2025, the DMCCA has revoked and replaced much of the Consumer Protection from Unfair Trading Regulations 2008. The unfair commercial practices provisions in the DMCCA include key changes to the laws on marketing, such as stronger rules on misleading ads, prohibiting “drip pricing”, cracking down on fake reviews and introducing greater protections for vulnerable consumers.

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Advertising and marketing

New UK consumer protection regime now in force

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) came into force on 6 April 2025, marking a substantial overhaul of the UK's consumer protection law and enforcement regime.

For more on the changes being introduced, see RPC's previous article here, but in short Part 3 (the consumer protection enforcement regime) and Part 4 (the unfair commercial practices regime) of Chapter 1 of the DMCCA is now in force. These parts:

give the CMA the power to enforce consumer protection laws without going through the courts (including the power to issue fines of up to 10% of global annual turnover), and
expand consumer protection provisions relating to unfair selling and unfair commercial practices, such as in relation to drip pricing and fake reviews

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CMA's enforcement roadmap for the new DMCCA

The Competition and Markets Authority (CMA) has been granted enhanced powers to enforce consumer protection laws under the Digital Markets, Competition and Consumers Act 2024 (DMCCA) which is now in force. These powers enable the CMA to make direct determinations on infringements without going through the courts and to impose fines and redress measures. Accordingly, the CMA has published updated consumer protection enforcement guidance (CMA58) following a consultation period. The guidance clarifies how the CMA's new direct enforcement powers under the DMCCA sit alongside the broader enforcement regime - for example, when it will decide to use the new powers or continue to enforce through the courts. The guidance outlines the CMA’s role and powers in terms of consumer protection, its approach to enforcement and its partnerships with other consumer protection bodies.

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Advertising and marketing

CMA outlines its approach to direct consumer protection

The Competition and Markets Authority (CMA) has published guidance outlining its approach to implementing the new consumer protection regime under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act) during its first year. The guidance sets out the CMA’s ambitions for consumer protection, its enforcement priorities, and how it will support businesses in achieving compliance. It also explains how the CMA will align with the Government’s strategic steer and apply its “4Ps” framework (Pace, Predictability, Proportionality and Process) to the new consumer protection regime. The CMA understands that businesses now face significant consequences of non-compliance with the DMCCA and will therefore focus its efforts on the “more egregious practices” in the early enforcement period. These include: (i) aggressive sales practices that prey on the vulnerable; (ii) providing objectively false information to consumers; and (iii) obviously imbalanced and unfair contractual terms.

The document also outlines what stakeholders and other UK bodies with consumer protection responsibilities can expect from the CMA. Between April and July 2025, the CMA plans to engage with businesses and consumer groups, with further consultation on section 230 of the DMCC Act expected in summer 2025, and final guidance to follow in autumn. This forms part of the CMA’s Consumer protection law for businesses collection.

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CMA guidance on unfair commercial practices under the DMCCA 2024

Following a consultation, on 4 April 2025 the Competition and Markets Authority (CMA) published guidance on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA) which is now in force. The guidance includes a variety of examples illustrating how different forms of commercial practices may breach consumer protection law in practical scenarios. In addition to the main guidance, the CMA has released specific guidance on fake reviews (CMA 208), noting that for the first three months following implementation of the DMCCA regulators will focus on supporting businesses with compliance regarding fake reviews rather than enforcement, whilst maintaining existing testimonial rules. The CMA has also announced that it will run a further consultation to finalise more detailed guidance (expected in the autumn) on the drip pricing rules. Until then, the CMA will only enforce clear and obvious breaches of the drip pricing provisions.

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Advertising and marketing

ASA issues regulatory statement on Advertising Code changes due to DMCCA 2024

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published a regulatory statement following their consultation on updates to the Advertising Codes. These changes align the Codes with the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024, which came into force on 6 April 2025. The updated rules reflect the new legislative framework, replacing those previously based on the Consumer Protection from Unfair Trading Regulations 2008. Following the consultation, CAP and BCAP confirmed that the proposed amendments would be adopted with minor modifications. The revised rules take effect immediately.

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