Advertising and marketing | UK Regulatory Outlook September 2024

UK government confirms implementation of advertising restrictions of 'less healthy' food and drink products

The UK government has published its response to the consultation carried out by the previous Conservative government in 2022/23 on draft regulations introducing further advertising restrictions in relation to "less healthy" food and drink products on television and online.   

The government's response confirms that the regulations will introduce a 21:00 watershed on TV advertising of "less healthy" products, as well as a ban on paid-for online advertising of them. The government has also confirmed that the new restrictions will come into effect from 1 October 2025.

Alongside its consultation response, the government launched a new consultation on how the new restrictions will apply to internet protocol television (IPTV) services which deliver TV services and advertising live (as opposed to on demand) over the internet.

See our Insight for more details.

CMA issues guidance for fashion brands on complying with consumer law when making green claims

The UK Competition and Markets Authority (CMA) has issued new guidance to help fashion retail businesses comply with the Green Claims Code and the consumer protection law which underpins it when making environmental claims. The guide applies to fashion retailers who sell their own or third-party products via marketplaces, manufacturers and suppliers (including third-party branded suppliers) as well as wholesalers and distributors. It is relevant to environmental claims about clothing, footwear, fashion accessories and related services, such as packaging, delivery and returns.

The tailored guidance provides practical tips for businesses accompanied by illustrated examples, such as:

• making sure that green claims, whether on the product itself, in advertising materials, in store or online, are clear and accurate and that important information is prominently displayed;
• avoiding general or absolute claims such as "green", "sustainable" or "eco-friendly";
• ensuring that comparative claims are fair and clear;
• making sure that when a business sells a range of products, grouped according to specific criteria relating to their impact on the environment, such criteria is clear and not misleading; and
• making it clear if a claim is based on specific parts of a product's life cycle by summarising the aspect of the life cycle to which the claim relates.

Alongside the guidance, the CMA has advised 17 fashion brands to review their business practices in this area. With the CMA's strengthened consumer enforcement powers under the Digital Markets, Competition and Consumers Act 2024 due to come into force in spring 2025 (see Consumer section), the CMA emphasises the importance of compliance, encouraging businesses to look at all their practices in the round, across the whole business, and make changes as necessary.