A number of rules in the CAP and BCAP Codes are currently under review, following CAP and BCAP’s consultation on the implications of the unfair commercial practices (UCP) provisions in Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA). From 6 April 2025, the DMCCA replaces and updates the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs). Therefore, until the review of the CAP and BCAP Codes is completed, marketers are advised to refer to the UCP provisions when preparing ads. During this time, the ASA will have appropriate regard to the UCP provisions when applying the rules affected.

The CMA have made a statement on their consumer enforcement regime in relation to the UCP provisions. The CMA are due to publish Unfair Commercial Practices guidance by 6 April and the ASA will have regard to that guidance. 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, 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.