CAP and BCAP have published the outcome of their consultation on amendments to the advertising Codes following a review to align them with the Unfair Commercial Practices (UCP) provisions in the Digital Markets, Competition and Consumers Act 2024. The UCP provisions came into force on 6 April 2025.

The CAP and BCAP Code rule changes come into force immediately.

The UCP provisions update and replace the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs). The key principles of misleading advertising underpinning the Codes remain much the same in the UCP provisions, with some slight changes to wording and definitions and the addition of new prohibited commercial practices.

The Regulatory Statement and Evaluation Table can be found here.

As set out in our previous update, the CMA have made a statement on their consumer enforcement regime in relation to the UCP provisions. The ASA will have regard to the UCP guidance published by the CMA. The ASA will only take enforcement action, in relation to drip pricing issues, against ads that clearly breach the rules and do not engage aspects of drip pricing that fall within the scope of the CMA’s re-consultation, until the CMA publishes its final guidance on those aspects. In relation to new rules on fake reviews, and in line with the CMA’s approach, for three months from 6 April 2025, the ASA will focus on supporting businesses with their compliance efforts, where appropriate, rather than enforcement. However, the ASA will continue to apply its existing rules on testimonials and endorsements.

Advertisers are recommended to refer to the CMA’s guidance on the UCP provisions and to take legal advice where appropriate to aid their understanding of the new DMCCA legislation.

ASA web resources such as guidance and Advice Online affected by changes to the rules are in the process of being updated.

Please contact Copy Advice for advice on specific advertising copy.