The Committees of Advertising Practice (CAP and BCAP) are consulting about proposed amendments to their Codes to reflect the changes to UK consumer law in the Digital Markets, Competition and Consumers Act 2024.  

The Act revokes and restates the Consumer Protection from Unfair Trading Regulations 2008 (CPRs). The 2008 Regulations form the basis for the majority of the existing CAP and BCAP rules on misleading advertising. The new rules are due to come into force in April 2025.

The new provisions in the Act largely retain the legal framework around misleading advertising that was set out in the CPRs. However, they contain a range of amendments to wording, definition and structure, as well as the addition of several new categories to the Schedule of commercial practices that are in all circumstances considered unfair (prohibited practices).

Most notably, there are new provisions about fake consumer reviews and drip-pricing.

CAP and BCAP's proposals cover all sections of the Codes that include rules derived from the CPRs, which are to be replaced by the relevant sections of the Act. In addition, CAP and BCAP have identified certain other areas not connected to changes in the Act, where rules could benefit from more precise wording in alignment with the relevant underlying law, and where that could be achieved in a straightforward manner.

The majority of the changes are in the Code sections on misleading advertising, as well as those setting out the legal background of the rules. However, there are also some changes in the following parts of the Codes: 

• Recognition of marketing communications
• Children
• Use of data for marketing
• Medicines, medical devices, health-related products and beauty products
• Environmental claims

The Code contains new provisions about fake reviews.  The consultation points out that the ASA does not regulate aspects of the prohibited practice that go beyond the bounds of marketing material falling within the remit of the CAP and BCAP Codes. There is a degree of overlap between the proposed new rules and pre-existing rules in the Codes on endorsements and testimonials. CAP and BCAP propose retaining those rules as they add useful detail not directly covered by the new rules, for example, reminding marketers of their responsibility to hold evidence that testimonials are genuine. CAP and BCAP plan to issue more guidance about fake reviews in due course.

The consultation ends on 5 February 2025. 

Separately to the (B)CAP consultation, the CMA is also consulting about its guidance on the unfair trading aspects of the Act, which ends on 22 January 2025.