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CAP and BCAP publish updated guidance on protecting under-18s in gambling and lotteries advertising

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have updated their guidance on protecting under-18s in gambling and lotteries advertising. Building on changes introduced in 2022, the guidance introduces the stricter “strong" appeal test, which broadens restrictions on content likely to attract young people, especially in sport, use of personalities, and gaming-related material. Key updates include clarification on their rule of thumb regarding social media followers, while emphasising that context and other factors are also considered. The guidance further explains distinctions between “adult-centric” and “non-adult-centric” sports, and adds detail on the role of social media and a new context section explaining contextual factors in assessing appeal.

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Refreshed guidance on age-restricted online ads published by CAP

The Committee of Advertising Practice (CAP) has refreshed its guidance on targeting age-restricted advertisements in online media, aiming to ensure responsible marketing of products such as alcohol, gambling, cosmetic interventions, and HFSS food and drinks. The updated guidance is designed to be more user-friendly, featuring a two-page summary of responsible targeting principles and a clear contents page for easier navigation, and the text has been streamlined to reduce repetition. New material added addresses recent findings on age-restricted ads appearing in unsuitable online environments, helping marketers identify risks within the supply chain. Additional updates clarify references to influencers and content creators, and correct outdated terminology. The guidance remains a vital resource for anyone managing online campaigns for age-restricted products.

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Ofcom publishes children's online safety codes and risk assessment guidance

Ofcom’s Children’s Online Safety Codes and Guidance, published on 23 September 2025, set out new requirements for service providers offering user-to-user or search services likely to be accessed by children. Providers must complete children’s risk assessments to identify and evaluate the likelihood of harmful content being encountered, categorising risks as negligible, low, medium, or high. The Codes recommend over 40 safety measures, including age assurance for the most harmful content, improved governance, reporting mechanisms, and user controls. Measures are proportionate to service type and risk level, and providers may adopt alternative approaches if risks are sufficiently mitigated and documented. Non-compliance may result in significant fines or site blocking, underscoring the importance of ongoing diligence.

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EU Digital Markets Act: first major fines signal robust enforcement

The European Commission has issued its first fines under the EU Digital Markets Act (DMA), signalling a more assertive approach to regulating large digital platforms known as 'Gatekeepers'. Apple received a €500m fine for restricting app developers from informing users about alternative offers outside its App Store, breaching Article 5(4) DMA. Meta was fined €200m for its “consent or pay” model, which failed to provide users with a genuine choice regarding personal data usage, contravening Article 5(2) DMA. These enforcement actions highlight the need for Gatekeepers to continually review their compliance with the DMA, as further investigations and penalties are anticipated.

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CMA publishes final price transparency guidance under the DMCCA

The Competition and Markets Authority (CMA) has finally published its guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), clarifying traders’ obligations to present the total price of products, including all mandatory charges, upfront in every invitation to purchase. The guidance covers per-transaction fees, delivery charges, local taxes, and subscription pricing, emphasising that headline prices must be realistic, clear, and attainable. Where total pricing cannot be calculated in advance, traders must provide sufficient information for consumers to estimate costs. Businesses should review and update marketing and checkout processes to ensure comprehensive, upfront pricing and to submit feedback on the draft guidance before finalisation, helping to shape practical compliance measures.

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CMA launches enforcement drive on online pricing practices

The Competition and Markets Authority (CMA) has initiated a major consumer protection campaign targeting online pricing practices under the new Digital Markets, Competition and Consumers Act 2024. The CMA has opened investigations into eight businesses over concerns such as drip pricing and misleading sales tactics. Additionally, 100 firms across 14 sectors have received advisory letters urging them to review their use of extra fees and sales methods. The CMA has published new guidance to help businesses comply with price transparency laws. This two-tier approach aims to protect consumers and ensure fair competition, with enforcement powers enabling compensation and significant fines for breaches. The CMA has now opened its first consumer protection cases under the DMCCA, investigating eight businesses.

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Green Claims: regulatory shifts and enforcement trends

The European Commission has unexpectedly proposed withdrawing the Green Claims Directive, citing concerns over regulatory burdens for SMEs, though future negotiations remain uncertain. The ASA and CAP's 2024 Annual Report highlights increased use of AI to monitor advertising and ongoing focus on green claims, with new guidance for the aviation sector forthcoming. Despite ASA rulings, some companies continue to make misleading environmental claims. The UK government has directed the CMA to prioritise pro-growth interventions, signalling targeted enforcement of egregious breaches. Recent ASA decisions found compostable product claims by Dualit and Lavazza misleading. Internationally, enforcement actions and legal challenges regarding green claims are increasing, notably in Australia and France.

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Brand-only advertising excluded from new LHF restrictions

Recent government legislation confirms that upcoming restrictions on advertising "less healthy" food and drink (LHF) products will not apply to brand-only advertisements, provided no identifiable LHF products are featured. The legislation, due to take effect on 6 January 2026, clarifies this exclusion through a new Statutory Instrument. As a result, CAP in now in the process of its third consultation on the new advertising rules that will implement the main advertising restrictions law, and the guidance to support it (particularly in relation to the application of the brand advertising exemption).

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CAP clarifies disclosure of AI use in advertising

CAP has issued guidance confirming that, although there are currently no AI-specific disclosure rules in UK advertising, existing regulations still apply to ads created with AI. Advertisers must consider whether omitting disclosure of AI use could mislead audiences, and if disclosure would clarify or contradict the ad’s message. CAP emphasises that simply stating AI was used does not excuse misleading content, such as unrealistic product claims generated by AI. While industry bodies like ISBA advocate for transparency where AI features prominently, CAP maintains that disclosure is only necessary to prevent misleading impressions. CAP remains prepared to update its approach as technology and regulation evolve, and advises advertisers to monitor developments closely.

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