ASA guidance for the quarter
The ASA has published guidance including on the advertising of the following this quarter:
CAP publishes new rules for less healthy food and drink advertising
On 4 December 2025, CAP published new rules implementing legal restrictions (in the amended Communications Act 2003) on advertising "identifiable" less healthy food and drink products, with an effective date of 5 January 2026. The ASA and Ofcom formally approved these rules (more here).
The new rules ban ads for such products from television and on-demand programme services between 5:30 and 21:00, and prohibit them entirely from paid online media at all times. All new and existing ads appearing on or after the effective date must comply with these restrictions.
CAP has issued accompanying Advertising Guidance titled "Advertising of less healthy food and drink products" and recommends that advertisers utilise secondary advice resources and its Copy Advice service to ensure compliance. See more about exemptions below. For more on the new restrictions around HFSS foods and drinks, see our article here.
ASA publishes findings on green claims in online ads by travel agents
On 2 December 2025, the ASA published its findings from its proactive sweep of green claims in online ads by major UK travel agents. As part of its Climate Change and Environment project, the ASA used its Active Ad Monitoring AI system to scan and review 362,000 online ads in the travel sector to verify compliance with advertising rules.
The ASA found that the vast majority (99%) of travel agents made no environmental claims in their ads. However, among travel agents that did make such claims, over 50% were likely in breach of the rules.
Claims likely to breach the rules included comparative claims such as "greener way to travel" and absolute terms like "eco-friendly".
The ASA provided advice and guidance to advertisers where it identified potentially problematic claims and took formal enforcement action where necessary. Formal rulings were issued against:
- an airline making claims to be among the "greenest" options for air travel
- an online travel agent making representations regarding "sustainable" destinations and travel packages
CMA publishes strategy for 2026-2029
On 20 November 2025, the CMA published its Strategy 2026-2029. The strategy establishes the CMA's five strategic objectives for the next three years: promoting competition, championing consumers, assisting government with pro-competition and growth interventions and initiatives, and fostering an attractive UK regulatory landscape to stimulate confidence and investment. The CMA will set out implementation details in annual plans.
European Commission presents 2030 Consumer Agenda
On 19 November 2025, the European Commission presented the 2030 Consumer Agenda, a five-year plan designed to strengthen consumer protection, enforcement and competitiveness across the EU single market.
The agenda focuses on four key areas:
- completing the Single Market for consumers
- ensuring effective enforcement and redress
- encouraging sustainable consumption
- ensuring digital fairness and consumer protection online (with particular emphasis on protecting children and vulnerable individuals).
Government bans ticket touts
On 19 November 2025, the government announced that it would ban the re-selling of event tickets at more than face value (with limited exemptions for charities) by any platform reselling tickets to UK consumers. This announcement represents the culmination of CMA investigations and enforcement action concerning the secondary ticketing market. The new rules will provide that:
- It will be unlawful to resell tickets above face value – legislation will define "face value" as the original ticket price together with unavoidable fees, including service charges.
- Resale platforms will be subject to a cap on service fees to prevent circumvention of the price restriction.
- Resale platforms will be under a legal duty to monitor and enforce compliance with the price cap.
- Individuals will be prohibited from reselling more tickets than they were entitled to purchase in the original sale.
CMA finalises guidance on price transparency under the DMCCA
On 18 November 2025, the CMA published its final guidance on price transparency obligations (CMA209). For more on this, see here.
CMA investigates online pricing practices
On 18 November 2025, the CMA announced a major consumer protection enforcement drive focused on online pricing practices, opening investigations into eight retailers and sending a letter to 100 further businesses. The CMA is examining drip pricing, misleading countdown timers and default opt-ins, including upfront disclosure of mandatory fees. The CMA is investigating:
- StubHub and viagogo for their presentation of mandatory fees and the presentation of additional charges when consumers purchase tickets
Where the CMA identifies a breach, it can order customer compensation and impose fines of up to 10% of global turnover. More in our article here.
CMA publishes guidance on getting consent for additional charges when selling online
On 18 November 2025, the Competition and Markets Authority (CMA) published guidance for businesses on obtaining consumers' express consent before charging for optional extras online. The CMA designed the guidance for businesses that sell goods or services via websites and those that design websites for such businesses.
Businesses must obtain explicit consent from consumers, rather than relying on silence or default settings, before adding charges for optional extras such as faster delivery. The guidance links to CMA materials on price transparency and forms part of the CMA's consumer protection guidance.
European Commission consults on revised product safety rules
On 12 November 2025, the European Commission launched a consultation on the revision of the New Legislative Framework. This framework comprises a Decision and Regulation and seeks to harmonise EU product legislation, including principles for market access, CE marking and conformity assessments. The consultation invites manufacturers, consumers and consumer organisations to share their views on steps to remove unnecessary regulatory burdens. The Commission will close the consultation on 4 February 2026 and expects to adopt legislative proposals in Q3 2026.
Less Healthy Food and Drink Brand Advertising Exemption Regulations come into force
On 31 October 2025, the Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 came into force. These regulations exempt brand advertising from the restrictions on advertising less healthy food and drink which take effect on 5 January 2026 (see more above).
The intention is for most brand advertising to fall outside the advertising restrictions. However, if advertising depicts a specific less healthy product in any way or promotes a brand which is also the name of a particular less healthy product, or includes a realistic image of the product, even without its packaging or identifying brand, the exemption will not apply.
The exception to this rule is that the brand which corresponds to the name of a less healthy product name can be used where it is the name of a commercial entity which was established - and used the name - before 16 July 2025, or it corresponds to a product range established before that date.
Government delays implementation of DMCCA subscription contracts regime
On 27 October 2025, the government announced it will delay the implementation of the subscription contracts regime while it further considers responses to its consultation, which it will publish in due course. The government had previously indicated the regime would not commence before spring 2026. It now states the regime will not commence before autumn 2026. The government's response will contain more detail on timing.
Public consultation on the Digital Fairness Act ends
On 24 October 2025, the public consultation on the Act concluded. The European Commission will publish an impact assessment and summary of the consultation in Q2 of 2026 and will share a draft proposal in Q4 2026. The legislative process will then take place between 2026 to 2027, with final adoption anticipated in late 2027.
Many view the Act as the EU’s response to the perceived shortcomings of the EU's consumer protection regime when applied to the digital world. The Commission’s 2024 Fitness Check report has shifted the legislative focus to a range of pressing issues: "dark patterns", addictive design, opaque influencer marketing, intrusive personalisation, and unfair contract terms. The report criticises the effectiveness of current law and identifies a need for bold, harmonised action.
The Commission has identified six main priorities:
- Prohibition of dark patterns: prohibit deceptive digital design, including misleading pop-ups and hidden opt-outs.
- Pricing transparency: outlaw 'drip pricing' and require businesses to disclose all mandatory costs upfront.
- Protection of vulnerable users: impose tighter restrictions on marketing to minors or individuals experiencing financial difficulty and potentially impose default opt-outs.
- Regulation of addictive design: regulate gamification and reward mechanisms, placing special focus on protecting minors.
- Influencer marketing regulation: mandate clear labelling of paid content across the EU.
- Simplified contract management: guarantee cancellation rights, transparent chatbots, and straightforward auto-renewal processes.
The Act is expected to apply broadly across the digital business-to-consumer sector and will consequently affect any businesses including those that use online personalisation, recurring subscriptions, dynamic pricing, or interface design to influence consumer decisions. The Act will target sectors including e-commerce, streaming, travel platforms, ride-hailing, digital health, fintech, and gaming.
Political Advertising Regulation now applies and guidance published
On 10 October 2025, the majority of the EU Political Advertising Regulation came into application. From this date:
- Advertisers must label paid and/or targeted adverts as such and provide key information.
- Those targeting political adverts online using personal data must obtain explicit and separate consent, and cannot use special category data for profiling.
- Third-country sponsors cannot place adverts during the three-month period before an election or referendum in an EU country.
The Commission published guidelines to support implementation of the Regulation on 8 October 2025.
Department of Health and Social Care (DHSC) call for evidence on retail licensing of tobacco, vapes and nicotine products
On 8 October 2025, the DHSC issued a call for evidence on the introduction of retail licensing for tobacco, vapes and nicotine products in support of the Tobacco and Vapes Bill.
The proposal would require licensing for both physical shop and online retail sales, enhance enforcement mechanisms and allow for unlimited fines or fixed penalties of £2,500 in England and Wales, with fines reaching up to £5,000 in Northern Ireland.
The call for evidence invites submissions on flavours and ingredients, nicotine strength, product design and appearance, and a product registration system that would obligate producers and manufacturers to supply specified information prior to selling their products in the UK.
The government will follow this call for evidence with a consultation on these and other issues.
CMA publishes guidance on making competition or consumer law complaints
On 7 October 2025, the Competition and Markets Authority published guidance on how individuals may report potential violations of competition or consumer law and outlining what complainants should anticipate from the CMA. The guidance sets out submission routes, the components of an effective complaint, what complainants should anticipate following submission of a complaint and the manner in which the CMA will prioritise handling of complaints. Cartels are not addressed by the guidance as they are subject to a separate complaints procedure.
The CMA provides an online form through which complainants may submit initial complaints regarding anti-competitive behaviour or potential violations of consumer law. A description of the issue and its impact must be provided by the complainant, together with supporting evidence. The CMA will then assess whether complainants should submit additional information or evidence.
No form is provided by the CMA for the actual complaint which should be as concise and evidence-based as reasonably possible. The CMA encourages complainants to address the CMA’s prioritisation principles, including strategic significance, expected impact, the reasons why the CMA is best positioned to act, resource implications and risk.
The CMA will acknowledge all complaints and will contact the complainant within six weeks where a realistic prospect of investigation exists, with periodic updates thereafter. The CMA may decline to prioritise a case or take informal action, including issuing warning or advisory letters.
The CMA must comply with strict rules on disclosure of information including under Part 9 of the Enterprise Act 2002 and data protection law. The CMA will keep the identities of complainants confidential where possible.
CMA announces undertakings from Ticketmaster on ticket pricing transparency
On 25 September 2025, the Competition and Markets Authority announced that it had secured undertakings from Ticketmaster after completing its investigation into the Oasis concert ticket sale. Two primary concerns drove the CMA's action: Ticketmaster did not inform fans waiting in queues that the company offered standing tickets at two different prices, with the higher price taking effect once the first set had sold out; and Ticketmaster offered 'platinum' tickets at 2.5 times the price of standard tickets without providing any additional benefits.
The undertakings require Ticketmaster to provide clearer pre-sale and in-queue pricing information, use accurate ticket labelling, and submit ongoing reports to ensure it complies with its commitments.
Ticketmaster must notify customers at least 24 hours in advance if it intends to use tiered pricing, must display price ranges when fans join online queues, and must promptly update customers when cheaper tiers sell out. Ticketmaster must stop using misleading labels and must ensure that ticket descriptions do not imply benefits that the tickets do not offer. Ticketmaster will provide additional information to consumers to help them make informed decisions.
The CMA found no evidence of dynamic pricing during the Oasis sale. Ticketmaster has already stopped using platinum labels in the UK.
Ticketmaster will report to the CMA for two years on how the company implements the undertakings. Ticketmaster gave the undertakings voluntarily and without admitting wrongdoing. The CMA could take enforcement action against Ticketmaster if the company fails to comply with the undertakings. Because the CMA opened the investigation before Parliament enacted the DMCCA (which does not apply retrospectively), the CMA does not possess direct fining powers in relation to the ticketing practices that Ticketmaster employed during the Oasis concert tickets sale.
The CMA stated that the Ticketmaster undertakings send a clear message to all ticketing websites that they must provide customers with clear and timely pricing information and accurate ticket descriptions, especially where they use different pricing models and queues. Businesses that sell tickets should review their pricing disclosures, queue communications and product descriptors to ensure transparency, especially where multiple price points exist. This is particularly so given that StubHub and Viagogo are also being investigated as part of the CMA's first wave of enforcement actions under the DMCCA (more here).
The CMA has already taken action against other live event ticket providers and has published a report on the secondary ticketing market. The CMA will continue to monitor the event ticketing market.
CAP publishes updated guidance on targeting age-restricted ads online
On 25 September 2025, the Committee of Advertising Practice released revised guidance on targeting age-restricted advertisements in online media. The guidance seeks to assist marketers, agencies and media owners in preventing under-18s from seeing alcohol, gambling, cosmetic interventions and HFSS advertisements, in accordance with the CAP Code.
The update provides a two-page summary of responsible targeting fundamentals and simplifies explanations, including consolidating the 25% audience-composition rule into a single explanation.
CAP has also incorporated insights on how age-restricted advertisements can appear in unsuitable placements across the supply chain and updated outdated terminology. Businesses should review their targeting controls, audit their supply chain partners, and revise their policies and workflows to reflect the clarified rules.
European Commission presents EU-wide consumer guarantee notice and voluntary durability label
On 25 September 2025, the European Commission presented a new EU-wide consumer notice and a product label that implements the Directive on Empowering Consumers for the Green Transition (EmpCo). All EU retail outlets, both online and offline, must clearly display the mandatory notice, which explains the minimum two-year legal guarantee and the available remedies (eg repair or replacement, partial or full refund).
Businesses may use the new voluntary label when they offer a durability guarantee beyond two years that covers the entire product at no extra cost to the consumer. When businesses offer such a guarantee, they need to display a label prominently so that consumers know which products the guarantee covers – in online sales, this may take the form of a graphic next to the product image or listing.
Member States must transpose the EmpCo Directive by 27 March 2026, and the Directive will apply from 27 September 2026. Businesses should prepare their in-store and online displays, update their warranty terms and marketing materials, and train their staff. UK businesses that target EU consumers should align with these requirements by that date. More here and here.
Government publishes guidance on amendments to the Price Marking Order 2004
On 22 September 2025, the government released guidance on amendments to the Price Marking Order 2004 (PMO), which takes effect on 6 April 2026. The PMO applies in Great Britain to business-to-consumer goods sales, both in physical stores and online, and sets out additional transparency obligations covering how sellers must display selling prices and, where relevant, unit prices, allowing consumers to compare products more easily on a like-for-like basis.
The guidance sets out key definitions, outlines the circumstances requiring sellers to show unit prices, addresses how businesses can present this information in a compliant manner under Articles 7 and 7A (covering matters such as font legibility and proportional sizing), and details the requirements under Article 9 concerning price reductions.
Businesses should revise their physical store and digital signage, product labels, loyalty scheme pricing displays and promotional bundles ahead of the 6 April 2026 deadline.
ASA publishes half-year report
The ASA has published its mid-year report, covering January-June 2025. The key points identified for the year so far are:
- The Active Ad Monitoring system scanned 22 million ads in the first half of 2025, which is almost double the 12 million scanned in the same period last year. This increase in monitoring capacity permits greater scrutiny of advertising across all platforms.
- The ASA is continuing with its proactive regulatory projects, including the ongoing Climate Change and the Environment project, which focuses on advertising claims for airlines, carbon neutrality, travel agents, fast fashion and greener homes.
- The ASA has established a goal of publishing between 275 to 325 rulings per year. It is not currently on track to meet this goal, having published 112 rulings from January to June this year. For comparison purposes, the ASA published 280 rulings last year. For more, see our infographics article.
Looking forward to 2026, specific goals are:
- continuing to raise public awareness of the ASA
- implementing the Less Healthy Food advertising restrictions
- continuing to integrate the Active Ad Monitoring system into the ASA's processes.
