Misleading consumer claims—the CMA puts down a marker ahead of the DMCC Act's implementation

Table of contents

• Ensure your environmental claims are not misleading
• Clarificatory or qualificatory information must be ‘clear and prominent’
• Review the Undertaking's rules relating to specific environmental claims
• Ensure your compliance mechanisms are robust and up to date

Article summary

Commercial analysis: The Competitive Market Authority (CMA) issued an open letter to the fashion retail sector, urging them to consider their obligations under consumer protection law. The open letter accompanied undertakings, entered into by Boohoo, Asos and Asda, to bring to an end the CMA's investigation into their alleged use of misleading environmental claims. Rona Bar-Isaac, partner, head of Competition, co-head of Retail & Consumer Sector of Addleshaw Goddard, considers the misleading consumer claims as the CMA puts down a marker ahead of the DMCC Act's implementation.