Europe: Consumer Protection

Northern Ireland's Food Standards Agency and Department of Health are consulting on new restrictions for promoting products high in fat, sugar and salt, aiming to align with UK-wide measures while grappling with which nutrient profiling model to adopt. The proposed regulations would limit volume price promotions, product placement in prominent retail locations, and free refill promotions for sugar-sweetened drinks, with enforcement handled by local councils.

The High Court has rejected the CMA's proposed 1:2 fixed volume requirement for reference pricing, ruling that low sales volumes at a higher price do not automatically render discount claims misleading. While Emma Sleep admitted specific breaches of consumer protection law, the Court held that compliance depends on a holistic assessment including the retailer's genuine belief in achieving sales at the reference price, rather than a rigid sales ratio.

The much-delayed subscription provisions in the Digital Markets, Competition and Consumers Act 2024 are expected to come into force in the spring of 2027. The Act gives consumers new rights to clear information before they sign up for a subscription, and to receive regular reminders, particularly before trials or contracts of 12 months or more auto-renew.