Commercial
Contents
Key contact
Rebecca Howlett
Commercial Partner & Head of Freeths Virtual Legal Team
Key anticipated events
March
- CMA expected to publish updates on ongoing investigations under its new consumer protection powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)
- 6 April 2026: New retail ‘Unit Pricing Rules’ come into force
March
2026
April
2026
Legislation
New unit pricing rules come into effect
The Government has updated the Price Marking Order 2004 (SI 2004/102), which governs how certain retail prices must be marked (for example labels showing £/kg or £/unit prices on shelves). These changes introduce new obligations on how prices are displayed to consumers, particularly around unit pricing, discount notices, and multi-pack exemptions. The updated requirements will apply from 6 April 2026.
Expanded unit pricing: Businesses will need to show the price per unit (such as per kilogram or per litre) on a wider range of products. This includes additional packaged foods like cereals and pasta, and non-food items such as detergents and cosmetics.
Rules for general price reductions: General discount notices (for example, ‘10% off everything’) can only be relied on if it is genuinely impractical to update each product’s price individually. Any general notice must be clear, prominent, and easy for customers to understand.
Clarified multi-pack exemptions: Traders can be exempted from the requirement to show the unit price in certain cases where a product consists of an assortment of items where, when sold separately, some of the items are sold at different weights or volumes, as well as according to weight and to volume, and (in each case) at different selling prices.
The Government’s guidance on the Price Marking Order 2004 can be found here.
Implications for businesses
These rules are designed to improve price transparency for consumers, a key issue in the current economic climate. Failure to comply could lead to enforcement action by Trading Standards, including fines and reputational damage.
Actions for businesses to consider
You should carry out a review to ensure that:
- unit pricing is applied to all products covered by the new rules
- the guidance you give to stores regarding how to display discounts meets the new clarity requirements
- guidance is made available / updated on when combined products will meet the multi-pack pricing exemption criteria
News
Enforcement of New Consumer Protection Powers under the DMCCA
We will shortly see the results of some significant Competition and Markets Authority’s (CMA) investigations regarding the new consumer protection rules implemented under the DMCCA. Whilst these new rules principally came into force last year, ensuring that business practices to address them are in place and regularly reviewed will be a consideration for 2026 and beyond.
Since 6 April 2025, the DMCCA has modernised consumer law by granting the CMA direct administrative enforcement powers, without resorting to court proceedings, in respect of an array of consumer protection issues. The regime addresses various unfair commercial practices, such as:
- ‘drip pricing’ (for example advertising a low headline price but adding mandatory fees or charges later in the buying process)
- misleading discounts
- false urgency practices such as ‘countdown timers’
- fake reviews
Implications for businesses
- Non-compliance with the new consumer protection regime may expose firms to significant penalties, including fines up to 10% of turnover
- The CMA’s greater enforcement powers means that sectors and businesses which may traditionally have felt themselves unlikely to be in a regulator’s crosshairs may find themselves subject to greater scrutiny
Actions for businesses to consider
- Review and update all online pricing invitations to ensure total prices (including mandatory charges) are displayed in accordance with the CMA’s guidance
- Audit websites and marketing practices to identify hidden fees, countdown timers, and other prohibited practices
- Implement or enhance policies on fake and incentivised reviews, ensuring they are accessible, explicit, and provably enforced
Further details
Further information on the CMA’s new powers can be found in the ‘CMA Enforcement Priorities’ article in the Competition section here.
In addition, the CMA’s guidance on:
Key contact
Rebecca Howlett
Commercial Partner & Head of Freeths Virtual Legal Team
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