Marketing Matters | Review of July 2026

Recent ASA rulings and CMA developments provide a useful reminder of where regulatory scrutiny is currently focused.

Based on the key themes emerging from this month's developments, we have set out the practical steps that legal and marketing teams should consider taking now.

Lessons from ASA Rulings

1. Review HFSS advertising practices

Review advertising for food and drink products to ensure that (i) creative content clearly identifies the non-HFSS product being promoted, for example by showing the distinguishing ingredients or toppings that make it compliant; (ii) nutritional information obtained from third parties has been independently verified; and iii) even fleeting references to products are for the non-HFSS Items in a range.

Why? Recent ASA rulings involving Domino's and McDonald's highlight the continued scrutiny of HFSS advertising restrictions. While McDonald's successfully defended a complaint because its advert focused on McDelivery rather than identifiable HFSS products, Domino's faced differing outcomes. One Domino's advert was permitted because it clearly featured the Vegi Supreme pizza and showed the vegetable toppings that distinguished it from HFSS alternatives. However, another ruling was upheld where Domino's had relied on inaccurate third-party nutritional data when determining whether a product falls within the HFSS restrictions. See rulings here (McDonald's), here (Domino's not upheld) and here (Domino's upheld)

2. Review environmental claims

Review environmental and sustainability messaging, particularly where marketing refers to carbon offsetting, emissions reductions or claims that consumers can reduce the environmental impact of their purchases to ensure these are only made where clear and robust evidence is held.

Why? In a ruling against Eurowings, the ASA found that claims consumers could travel "more eco-friendly" and "climate-consciously" by offsetting up to 100% of their flight emissions gave a misleading impression of the environmental impact of flying. Although the airline offered a carbon-compensation scheme, it could not demonstrate that the emissions from a specific flight would in fact be fully offset. See ruling here.

3. Review promotional pricing and urgency claims

Ensure savings claims clearly explain how discounts are calculated, do not inflate savings through free gifts, and only use countdown timers where an offer genuinely ends when the timer expires

Why? The ASA upheld complaints against Origin Sleep after finding that headline savings claims gave the impression that mattresses were discounted, when the stated savings were calculated using the value of "free" pillows. The ASA also found that countdown timers created a misleading sense of urgency because similar promotions continued after the advertised deadline. See ruling here.

4. Review health and nutrition claims

Check that any claims about health benefits, nutrition, longevity or wellbeing are approved under the GB Nutrition and Health Claims Register, and remove any unauthorised health claims.

Why? The ASA upheld a complaint against a coffee retailer for making unauthorised health and nutrition claims, including claims that its coffee could "protect DNA", "slow ageing at the cellular level" and support longevity. See ruling here.

ASA/CMA Updates

1. Online mattress sales guidance withdrawn

Following the High Court's judgment in the Emma Sleep case, the CMA has withdrawn its guidance on selling mattresses online. The CMA had sought to include a "fixed volume requirement" in the enforcement order, requiring Emma to have sold one product at the higher reference price for every two products sold at the discounted price. However, the court rejected this in favour of more flexible evidence-based pricing restrictions.

Action: Businesses relying on reference pricing should ensure they have robust evidence supporting the prices used as a basis for discounts, rather than relying on fixed volume based formulas.

See the judgement: Emma Sleep Judgement.

2. ASA publishes environmental claims guidance

The ASA has new resources to help advertisers avoid falling foul of the CAP Code when making environmental claims about their products. The resources include a new practical guide, Greenspeaking with Confidence, alongside updates to existing guidance and a new checklist for advertisers to use. The guidance focuses on five key areas – how consumers will understand environmental claims; the evidence required to back up a claim; only making claims supported by the evidence; making claims clear and easy to understand; and transparency about environmental targets, plans, and ambitions. 

Action: Marketing teams should review environmental campaigns against the ASA's new checklist.

See new resources: ASA Resources.

3. Updated CMA guidance on unfair contract terms

The CMA has published updated guidance on unfair contract terms and drafting fair consumer contracts, reflecting recent legal developments including the Digital Markets, Competition and Consumers Act 2024. Retailers should be aware that the underlying law on unfair contractual terms has not changed, so while the guidance may now be expressed differently the legal obligations that it covers remain the same.

Action: Consumer-facing businesses should review standard terms and conditions to ensure they remain transparent, balanced and consistent with the CMA's latest guidance.

See guidance here: Unfair Contract Terms Guidance and Writing Fair Contractual Terms for Consumers.