CAP and BCAP have published their amendments to the CAP and BCAP Codes to align with the updated provisions on unfair commercial practices (UCP) in the Digital Markets, Competition and Consumers Act 2024, which came into force on 6 April.
The UCP provisions update and replace the Consumer Protection from Unfair Trading Regulations 2008. The key principles of misleading advertising underpinning the Codes remain much the same in the UCP provisions, with some slight changes to wording and definitions and the addition of new prohibited commercial practices.
Drip pricing
The CMA's guidance on drip pricing has caused some disquiet in the market and so the CMA has said that it will re-consult on certain aspects. With that in mind, the ASA has said that it will have regard to the UCP guidance published by the CMA. The ASA will only take enforcement action, in relation to drip pricing issues, against ads that clearly breach the rules and do not engage aspects of drip pricing that fall within the scope of the CMA's re-consultation, until the CMA publishes its final guidance on those aspects.
Fake reviews
In relation to new rules on fake reviews, and in line with the CMA's approach, for three months from 6 April 2025, the ASA will focus on supporting businesses with their compliance efforts, where appropriate, rather than enforcement. However, the ASA will continue to apply its existing rules about testimonials and endorsements.
Other amendments
As well as the amendments that CAP and BCAP consulted on, they have identified a couple of other issues where they say the Code would benefit from further detail. This includes clarifying that the average consumer is to be treated as not knowing information in relation to a commercial practice where such information has been concealed by the trader (even if the average consumer might know the information from another source).
CAP and BCAP say that they are conscious of needing to avoid unintended consequences of amending the wording of rules and to ensure that changes are effective. As such, they will review the amended rules after 12 months.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
