Katharine Coldiron Mason

Given the general direction of travel for health policy in England, this is probably the outcome that was expected, despite the fact that Scotland decided not to introduce a ban when it consulted on this issue three years ago. The outcome of the Welsh consultation has not been published, although the responses are available.

In addition to existing restrictions on advertising food and drink products which are classified as high in fat, salt or sugar (HFSS), new restrictions on advertisements for ‘identifiable’ products which are classified as ‘less healthy foods’ (LHF) have applied since 5 January with the first ASA rulings landing in April. The Ad Code reflect the law and the restrictions are found in CAP Code rule 15.9 and BCAP Code rule 32.21.

At that point, the CMA announced eight investigations, and we now have substantive updates on three of them and a new investigation announced. In a nutshell, the Digital Markets, Competition and Consumers Act 2024 (DMCCA) has tougher requirements on how prices are displayed and gives the CMA direct powers of enforcement. The key change is the CMA can levy fines without needing to go to court. What CMA Action do I need to know about?