United Kingdom: Consumer Trading & Unfair Trading

The EU's Green Transition Directive introduces sweeping new rules on greenwashing, sustainability claims, and product durability that will impact all businesses selling to EU consumers from September 2026. With banned practices, mandatory pre-contractual disclosures, and new labelling requirements, companies must act now to audit their environmental claims and ensure compliance across both physical and digital channels.

The UK government has accelerated the implementation of new subscription contract rules under the Digital Markets, Competition and Consumers Act 2024, moving the enforcement date to January 2027. These regulations introduce stricter transparency requirements at sign-up, mandatory cooling-off periods including a new renewal cooling-off window, and simplified cancellation processes designed to eliminate 'subscription traps' that lock consumers into unwanted recurring payments.

The ASA's ruling on Popeyes' breakfast menu advertising reveals the intricate visual analysis required under new HFSS regulations. Can the colour of a hash brown's seasoning determine whether an advertisement complies with restrictions on less healthy food promotion? This detailed examination of two Instagram ads demonstrates the granular approach regulators are taking to food advertising compliance.

The High Court has rejected the Competition and Markets Authority's attempt to impose a fixed volume ratio requirement on reference pricing, ruling that volume alone cannot determine whether a pricing strategy misleads consumers. This landmark decision introduces new considerations around traders' subjective beliefs and market characteristics, fundamentally reshaping how regulators can enforce consumer protection law in the era of was/now pricing.

The High Court recently delivered a significant judgment in the CMA's case against Emma Sleep, addressing the contentious issue of discount claims and reference pricing in retail. The court's decision to reject the CMA's proposed strict 1:2 ratio requirement—which would have mandated that retailers sell one mattress at full price for every two sold at a discount—marks a pivotal moment in consumer protection law. This ruling emphasizes a more flexible, context-driven approach to pricing claims ra

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 UK's Competition and Markets Authority has launched formal investigations into eight companies over potentially misleading pricing practices, including hidden fees, fake countdown timers, and pre-selected extras. With new powers to impose fines up to 10% of global turnover without court proceedings, the CMA is signaling a major shift in how online pricing compliance will be enforced across all industries.

The ASA upheld the two complaints, one of which came from a chimney sweep, finding that the Council had failed to substantiate the direct causal link between the use of wood burners and open fires...

The Financial Conduct Authority's (FCA) consultation reflects the ongoing governmental and regulatory push to encourage wider retail participation in private and public capital markets and the benefits of seeking higher financial returns over pure cash savings.