Emma Sleep deployed a range of misleading sales tactics on its website, including countdown timers that implied promotions were about to expire, "high demand" banners that overstated consumer interest, and supposedly time‑limited offers that were, in reality, not limited in time. On 22 May 2026, the High Court stopped the practice, approving a consent order backed by a penal notice carrying the threat of contempt, fines and even imprisonment for directors.

This settlement is a benchmark for any online retailer using urgency messaging, scarcity cues or demand indicators such as "High demand!" or "50+ sold today." This urgency messaging will likely be deemed misleading if used in a scenario where a significant number of customers are not purchasing a product or there is no risk of depleting remaining stock.

The order draws a clear line between legitimate promotional pressure and unlawful manipulation.

The settlement

The CMA first opened its investigation into Emma Sleep in 2022, with court proceedings following in 2024 after the company failed to address the regulator's concerns voluntarily. This was conducted under the CMA's previous enforcement regime, which required court proceedings to establish a breach.

On 22 May 2026, Master Clark approved a consent order between the CMA and three Emma group entities. Emma admitted some of its conduct constituted infringements under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) in two areas:

• using headline discount claims and countdown timers, and

• using high‑demand claims

The CPRs have since been replaced with the Digital Markets, Competition and Consumers Act 2024, allowing the CMA to take enforcement action without going through the courts.

What Emma did

Emma ran headline discount claims every day across two extended periods: 13 January to 31 October 2022 and 1 December 2022 to 2 March 2024. Countdown timers ran alongside those claims. Each was presented as time‑limited - none were.

The high‑demand claims were similarly misleading. On 4 February 2022, the site stated: "High Demand! During the last 24 hours this product has been viewed 6,458 times" for the Emma Premium Single Mattress. Only seven units were sold that day, and stock levels were normal. Emma admitted 55 such instances between January and November 2022, with messages triggered by as few as two website visits depending on the site version.

The penal notice and what it means

The order begins with a penal notice applying to all three Emma entities. Breach could result in contempt of court, fines, asset seizure or imprisonment for directors. The notice also applies to anyone who knowingly assists a breach. This is not symbolic; it is a court order with criminal consequences.

What Has Emma Sleep Agreed To? 

The consent order contains detailed undertakings, including a commitment to not continue or repeat the urgency messaging.

Emma must ensure timers:

• do not give a false impression that consumers must act quickly,

• clearly state which products they apply to and what happens when the timer ends,

• end when the promotion ends, and

• are not used if the same or a substantially similar promotion runs within 28 consecutive days (or 21 days in the case of Black Friday sales) of the timer expiring. 

In addition, high‑demand claims must be clear, must not create false urgency, and must prominently disclose any assumptions or limitations. As with the timers, any claim implying time‑limited promotions cannot be used if a similar promotion runs within 28 days (21 for Black Friday), unless substitute products are clearly identified.

Compliance and monitoring

The order requires Emma to monitor and record its own compliance, including staff training. The CMA may request records at any time. Within six months of the 20 June 2026 compliance deadline, Emma must provide specified datasets to the CMA. The order stresses that none of this constitutes CMA approval of Emma's wider compliance.

Implications for online retailers

"The case is a clear warning to any business using urgency cues, scarcity messaging or discount claims. The consent order's inclusion of key definitions reiterates the standards the CMA expects with regard to urgency messaging:

• Statements must not be "misleading" - which, under the Digital Markets, Competition and Consumers Act 2024, includes providing false, confusing or deceptive information, or presenting information in a way that is likely to deceive the average consumer, about anything relevant to their decision to buy.

• Information should be "clear" - plain, accurate, easily understood and free from design elements that create unwarranted urgency - and "prominent" - noticeable and accessible without the consumer needing to take any further action."

If you are an online retailer, we'd encourage you to audit your countdown timers and urgency claims (and watch this space for more updates on discount messaging). For businesses operating in the UK market, the message from the CMA is clear: misleading sales practices will attract enforcement action, and the consequences can be costly.

What's still to come

This settlement doesn't close the book on Emma Sleep entirely. A separate issue concerning Emma's use of "was/now" reference pricing (what the order calls "Reference Pricing Conduct") remains live and will proceed to trial starting on 4 June 2026.  

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