On 6 April 2025 the unfair-commercial-practice provisions in the Digital Markets, Competition and Consumers Act 2024 replaced the long-standing Consumer Protection from Unfair Trading Regulations 2008, which we discussed in a previous article.
In response, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have issued immediate amendments to their respective advertising codes, so that the regime continues to track underlying consumer law.
In this article, we highlight the amendments that have been made to the CAP and BCAP codes, and the actions marketers now need to take.
Although the Digital Markets, Competition and Consumers Act 2024 largely lifts the Consumer Protection from Unfair Trading Regulations 2008 into primary legislation, it modifies key definitions, restructures the schedule of 'black-listed' practices and tightens the transactional-decision test. CAP and BCAP have therefore restated much of section 3, which relates to misleading advertising, and adjusted scattered rules elsewhere so that the wording dovetails with the act. The Advertising Standards Authority will apply the amended rules with immediate effect, meaning advertisers cannot rely on any transition period.
Total-price transparency is now paramount
Advertisers must disclose every mandatory charge within the headline figure and must draw separate but equally prominent attention to any optional delivery or ancillary fees. While the Competition and Markets Authority is consulting again on the finer points of drip pricing with guidance expected in autumn 2025, the Advertising Standards Authority will target only flagrant breaches during the consultation window.
A dedicated ban on fake consumer reviews
Marketers are prohibited from creating, sourcing or publishing reviews that do not reflect genuine experience, and must make it plain whenever a review has been incentivised. For the first three months until 6 July 2025 the Advertising Standards Authority’s primary focus will be education and compliance support rather than formal sanctions.
Concept of the 'average consumer' has been sharpened
The average consumer is now deemed not to know information that a trader has deliberately concealed, even if that information is publicly available elsewhere. As a result, businesses must revisit their material-information assessments to ensure that omissions cannot be characterised as concealment.
Easier code navigation
CAP and BCAP have inserted a preamble that signposts which rules use the transactional-decision test and which replicate the Digital Markets, Competition and Consumers Act 2024’s prohibited-practice list. This editorial change should make the codes easier to navigate but carries no grace period.
12-month review announced
CAP and BCAP have promised a formal review in April 2026 to identify any unintended consequences or drafting gaps that emerge in practice.
For further information, please contact our commercial team.
