United Kingdom: Consumer Trading & Unfair Trading

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Consumer protection law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve consumer protection regulations and the developing law surrounding them from specialists working in this area.
Article
New EU Green Claims Rules Are Now Live: What Brands Must Do About Old Stock
The European Union's Empowering Consumers for the Green Transition Directive took effect on 27 September 2026, leaving many brands with old stock carrying environmental claims that may no longer comply with the new rules. The EU's Consumer Protection Cooperation Network has issued guidance clarifying how national authorities will approach products, packaging, and marketing materials that remain in circulation, confirming that businesses must comply from the application date with only limited exceptions
European Union Consumer
KG
K&L Gates LLP
Article
ASA Rulings Target Fashion Retailers’ Environmental Product Claims
The ASA's recent rulings against major fashion retailers Adidas, UNIQLO, and Calvin Klein reveal a strict regulatory stance on environmental claims, particularly regarding "recycled" and "organic" product descriptions. These decisions demonstrate that consumers interpret such terms as absolute claims about entire products, requiring comprehensive substantiation. Retailers must now carefully frame environmental claims with precise qualifications or risk regulatory action.
United Kingdom Consumer
RPC
Article
Drip, Drip... Fine? The CMA Targets Drip Pricing Again
The Competition and Markets Authority has intensified its enforcement against drip pricing and misleading price presentation, securing nearly £2 million in consumer refunds and imposing almost £6.2 million in fines since new powers took effect. With three new investigations launched—including one into Trainline—businesses face heightened scrutiny over how they present mandatory fees and charges to consumers.
United Kingdom Consumer
GW
Gowling WLG
Article
ASA Pulls The Covers Back On Nectar Sleep's "Save Up To 65%" Ad
The UK's Advertising Standards Authority has ruled against Nectar Sleep's "Save up to 65%" promotional campaign, finding that the basis of the savings claim was unclear and materially misleading to consumers. The decision highlights critical issues with how retailers calculate and present competitor price comparisons, particularly when using narrow product selections and averaging methodologies that may not reflect genuine market conditions.
United Kingdom Consumer
LS
Lewis Silkin
Article
A Wake-up Call On Reference Pricing: High Court Rejects CMA's 1:2 Ratio
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.
United Kingdom Consumer
GW
Gowling WLG
Article
UK's Consumer Law Revolution - Reference prices: The High Court puts the CMA's 2:1 volume ratio to bed in the Emma Sleep Case... for now
The High Court has delivered its judgment in the Competition and Markets Authority's case against Emma Sleep over reference pricing practices, rejecting the regulator's proposed 1:2 volume ratio for discount claims. The court found that while Emma Sleep committed specific breaches in its 'Was £X, NOW £Y' pricing, a blanket mathematical ratio fails to account for the full context of each case, potentially penalising conduct that wouldn't constitute an infringement.
United Kingdom Consumer
LS
Lewis Silkin
Article
Less Healthy, More Clarity
New ASA rulings clarify when food advertising crosses the line from brand promotion to product-specific marketing under the UK's less healthy food restrictions. Two recent decisions involving McDonald's and Domino's reveal how naming specific menu items can determine whether an advert violates the pre-watershed ban, while a parliamentary committee now questions whether these distinctions should exist at all.
United Kingdom Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
ASA Complaint Handling Changes: Sharper Processes, Tighter Deadlines And What Advertisers Should Do Now
The Advertising Standards Authority has revised its complaint handling procedures, introducing clearer expectations around evidence submission, transparency requirements, and review processes. These procedural updates may require advertisers to respond more quickly when complaints arise, with tighter deadlines for evidence submission and ruling suspension requests.
United Kingdom Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
New Consumer Laws Bite For Veterinary Practices
New consumer protection laws under the Digital Markets, Competition and Consumers Act 2024 are reshaping how veterinary practices operate, with the CMA already wielding significant enforcement powers. From transparent pricing requirements to subscription contract rules and online review management, practices face substantial compliance obligations that demand immediate attention and strategic preparation.
United Kingdom Consumer
LS
Lewis Silkin
Article
CMA Clamps Down On Checkout Tricks As Consumer Enforcement Pipeline Accelerates
The UK Competition and Markets Authority has ramped up consumer enforcement with settlements against Marks Electrical and StubHub UK, both involving pre-selected extras and hidden fees. These cases demonstrate the CMA's aggressive approach to online pricing practices and its willingness to target high-profile consumer-facing businesses with significant fines and mandatory customer refunds.
United Kingdom Consumer
AO
A&O Shearman
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