Advertising and consumer adjacent developments: Q3 2025

Less healthy food and drink brand advertising exemption regulations laid

On 10 September 2025, the Advertising (Less Healthy Food and Drink) (Brand Advertising Exemption) Regulations 2025 were laid before Parliament. The Regulations set out details of the product categories and businesses in scope of new restrictions on advertising less heathy food and drink online and on TV. More here.

EU Commission fines Google for abusive online ad tech

On 5 September, the EU Commission announced a fine of 2.95 billion Euros on Google for "breaching EU antitrust rules by distorting competition in the advertising technology industry (adtech)." According to the Commission, Google "…did so by favouring its own online display advertising technology services to the detriment of competing providers of advertising technology services, advertisers and online publishers. The Commission has ordered Google (i) to bring these self-preferencing practices to an end; and (ii) to implement measures to cease its inherent conflicts of interest along the adtech supply chain." Google now has 60 days to inform the Commission about how it intends to do so.   

CAP extends Code to ensure consistency in regulation of online ads by gambling operators

From 1 September 2025, the remit of the CAP Code has been extended to cover non-paid-for online marketing communications targeted at UK consumers by advertisers who are subject to licensing conditions from a UK public authority or other UK public body requiring compliance with the CAP Code – even where the advertiser does not have a UK-registered company address. According to the ASA, this amendment "brings into scope social media marketing communications targeted at UK consumers by licensed gambling operators on their own channels (sometimes referred to as content marketing), regardless of whether the operators are registered in the UK." Comments on the impact of the change can be made by 1 December 2025, following which there will be a formal review.

CMA publishes summary guides on consumer law enforcement

On 28 August 2025, the CMA published guidance on direct consumer enforcement, providing a digestible summary of its CMA200 guidance on enforcement. This briefly sets out the main stages of a CMA consumer enforcement process. Additionally, guidance on information requests was published, summarising Chapter 7 of the CMA58 guidance on enforcement, covering when the CMA may issue information requests and subsequent procedures, including the consequences of non-compliance.

CMA updates principles for social media platforms on endorsements and fake reviews

On 28 August 2025, the CMA published updated principles for social media platforms relating to endorsements and fake reviews. The guidance has been revised to reflect the DMCCA and CMA DMCCA guidance on fake reviews. The six principles, originally published in 2022 under the CPUT Regulations, remain unchanged but the guidance expands on compliance methods, including platform user education, reporting of 'hidden' advertisements to brands, and appropriate technology and algorithms to identify non-compliant endorsements. The guidance should be read in conjunction with the CMA's main guidance CMA208 on fake reviews. 

Government publishes voluntary industry guidelines for commercial baby food and drink

On 22 August, the government published voluntary industry guidelines for commercial baby food and drink aimed at children aged up to 36 months. As well as targets for businesses to reduce levels of salt and sugar in these products, the guidelines set out actions businesses should take to improve labelling and marketing of these products. 

Deforestation-free Products Regulation guidance published

On 12 August 2025, guidance on the Deforestation-free Products Regulation was published in the EU's Official Journal. The non-binding guidance clarifies key definitions, due diligence requirements, product scope and definitions relating to agricultural use.

CTSI publishes guidance for traders on pricing practices

The Chartered Trading Standards Institute has published guidance for traders on pricing practices. The guide was originally produced by the CTSI in 2018 at the request of the Department of Business, Energy and Industrial Strategy. The updates reflect changes to consumer protection law, including under the DMCC Act. The guide is a very useful summary of key practices. 

Meanwhile, the CMA has also published an update to its report on exploring voluntary ways for fertility clinics to provide pricing information to patients.

Law Commission announces review of UK product liability regime

On 31 July 2025, the Law Commission announced a review of the law on defective products, particularly following changes to the EU product liability regime. The review will examine how the current regime operates and whether reform is needed. It will launch this year.

EU Commission finds Temu in breach of DSA rules on illegal products

The EU Commission announced on 28 July 2025 that it has found Temu in breach of Digital Service Act rules by failing to properly assess the risks of illegal products being disseminated on its marketplace. According to the Commission's analysis, Temu's risk assessment of October 2024 was inaccurate and relying on general industry information rather than on specific details about its own marketplace. This may therefore have led to inadequate mitigation measures against the dissemination of illegal products. If the preliminary findings are ultimately upheld, Temu could be subject to fines of up to 6% of the total worldwide annual turnover and an order to take measures to address the breaches.

CMA compliance sweep reveals widespread non-compliance with fake review rules

On 25 July 2025, the CMA published an update on enforcement of the new DMCCA rules on fake and misleading online reviews following the expiry of the grace period in July 2025. A sweep of 100 websites revealed that more than half were non-compliant with the new rules, either having no policy in place or unclear, difficult-to-find policies. The CMA has said that it will send letters to non-compliant businesses requiring responses explaining what they will do to comply.

CAP amends Code to reflect end of UK's VSP regime

The provisions in Appendix 3 of the CAP Code about video-sharing platforms have been removed to reflect the fact that businesses previously regulated under the VSP regime are now regulated under the Online Safety Act. Advertising carried out by VSPs continues to be regulated under the CAP Code, as before, but no longer with the addition of the rules in Appendix 3 originating in the Communications Act 2003 (as amended). 

Government calls for evidence on EU Machinery Regulation impact

On 28 July 2025, the UK government issued a call for evidence on whether to introduce measures equivalent to those in the incoming EU Machinery Regulation. The Regulation updates the current Machinery Directive, which the UK implemented prior to Brexit, focusing on digital technologies, AI and robotics, and cyber security. The call for evidence requests input on various issues including continued recognition of new EU product requirements for machinery including CE marking, and implementing the same approach as the Machinery Regulation across the UK. The deadline for submissions is 20 October 2025.

Digital Fairness Act consultation extended

The European Commission's deadline for responding to the call for evidence on a potential Digital Fairness Act has been extended from 9 October to 24 October 2025.

The intention of the consultation, published on 17 July 2025, is to gather views ahead of publishing a proposal for a Digital Fairness Act in late 2026. The consultation examines dark patterns, addictive design, unfair personalisation practices, harmful influencer practices, unfair marketing and digital contracts. It asks whether the Commission should take steps including issuing guidance, enforcing existing rules or introducing new rules, as well as potential rule simplification and enforcement. 

Joint Committee on Human Rights publishes report on supply chain integrity

The Joint Committee on Human Rights has published a report on forced labour in supply chains. The government now has two months to respond. The report notes the patchwork of UK regulation and the fact that much of it does not prevent goods linked to forced labour abroad entering the UK market. Among the ideas discussed is the implementation of mandatory human rights due diligence requirements for UK companies.

WEEE Amendment Regulations place obligations on online marketplaces

The Waste Electrical and Electronic Equipment (Amendment etc) Regulations 2025 were made on 22 July 2025. They amend the principal 2013 Regulations and place the obligation to finance costs of dealing with WEEE supplied by overseas sellers to private UK households through online marketplaces on those marketplaces rather than on the sellers. They also create a new category of electrical and electronic equipment for devices intended for vaping and other consumption of tobacco and nicotine products, reclassifying them from 'toys and other leisure equipment' and ensuring producers are responsible for collection costs and disposal at end of life. The Regulations came into force 21 days after they were made.

Product Regulation and Metrology Act receives Royal Assent

The Product Regulation and Metrology Act 2025 received Royal Assent on 21 July 2025. It aims to tackle unsafe product sales on online marketplaces, particularly products from outside the UK. Most of the provisions will be implemented through secondary legislation, providing detail around preventing unsafe products being made available to consumers, ensuring platform seller compliance with product safety requirements, providing relevant consumer information, and cooperating with regulators. The Product Safety Code of Conduct has been amended to reflect the new legislation.

EU Commission conducts first product safety sweep

The EU Commission has reported on the outcome of the first product safety sweep under the EU General Product Safety Regulation, focusing on childcare products. The sweep found a number of failures to display minimum product safety and traceability information on product listings. The Commission has sent 252 orders to online marketplaces regarding dangerous products or non-compliant information. Monitoring will continue, with enforcement being taken when necessary.

Order published to bring certain buy-now-pay-later products within FCA's remit

The Financial Services and Markets Act 2000 (Regulated Activities etc) (Amendment) Order 2025 has been published. It will bring certain buy-now-pay-later credit products within the FCA's regulatory regime. For more, see An ABC of DPC: FCA consults on new Buy Now Pay Later regime and Financial Services Matters - August 2025.

ICO publishes consultation on online advertising

On 7 July 2025, the Information Commissioner's Office published a consultation covering, among other things,  proposals to relax enforcement of consent requirements for privacy-preserving advertising (consultation now closed). Currently, publishers deploying online advertising technologies must secure people’s consent. The ICO is exploring whether a risk-based approach could allow publishers to deliver online advertising to users who have not granted consent, where there is a low risk to their privacy. These developments form part of a sequence of interventions designed to provide a coherent, end-to-end framework for online advertising.

CMA publishes draft pricing guidance 

On 3 July 2025, the CMA launched a consultation on draft guidance (CMA209con) on price transparency requirements under the DMCCA when making an invitation to purchase (ITP). Once finalised, this guidance will complement CMA207, covering unfair commercial practices under the DMCCA, and will replace pricing information material in CMA207. The consultation arose after businesses highlighted that the original guidance was unclear. The consultation has now closed, and we are waiting for final guidance to be published. For what this means for pricing in general, see here, and for delivery costs in particular, see here.

Which? publishes study showing widespread greenwashing

A Which? study has found widespread greenwashing online. Which? trawled over 20,000 online listings using AI technology and investigated 1,000 in detail. Which? concludes that stronger enforcement by regulators is required. 

House of Commons Culture, Media and Sport Committee publishes letter on depiction of older people in advertising

The House of Commons Culture, Media and Sport Committee has published a letter from the Advertising Standards Authority (ASA) about the latter's recent research on the depiction of older people in advertising which might give rise to offence or harm. While there will currently be no changes to the rules, CAP will explore whether further guidance is necessary to help advertisers identify the types of representation that have the potential to be problematic. The ASA will also take its research findings into account when assessing complaints about the depiction of older people in ads. By the end of Q2 2026, it will also conduct a review of its decisions in complaints relating to the portrayal of older people since publication of the research, and present its findings to the ASA Council, CAP and BCAP to help ensure it is drawing the line in the right place.