Price promotion definition

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Price promotions—checklist

Price promotions—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Checklist. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). This Checklist will be updated for this change in due course. For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective. This Checklist deals with some of the key issues that you need to consider when reviewing price promotions. A price promotion could be, for example, free extra volume or money off promotions. For more...

Key compliance issues for an e-commerce website—checklist

Key compliance issues for an e-commerce website—checklist This Checklist sets out the key issues which a legal advisor to an e-commerce business (whether in-house or external) may wish to consider to help ensure the business complies with applicable e-commerce laws and to address legal risks that are particular to an e-commerce context. This Checklist is suitable for use with e-commerce businesses selling to consumers (B2C) or to other businesses (B2B). This Checklist does not consider matters that are generally applicable to all businesses (eg compliance with general data protection record keeping obligations, health and safety, employment law, taxation and so on). For further guidance on e-commerce, see Practice Notes: • Business to business e-commerce—introduction • Business to business e-commerce—legal issues • Business to consumer e-commerce—legal issues Issue Summary Resources which may help A. Website terms and information—ensure the following are in place Terms of use (of the website) It is advisable to include terms which set out the basis on which the website is provided and may be used....

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Promotional marketing and price claims

FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Practice Note. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). This Practice Note will be updated for this change in due course.For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection perspective.This Practice Note covers the rules relevant to promotional marketing and price claims. It covers the general rules that are applicable to most sales promotions, including those relating to the administration of the promotion, safety, suitability and...

Food advertising

Food advertising FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, which affects this Practice Note. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The Advertising Standards Authority is also consulting on necessary updates to the Advertising Codes to reflect DMCCA 2024. The consultation will close on 5 February 2025. See: LNB News 06/01/2025 43. This Practice Note will be updated for this change in due course. For a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key provisions from a consumer protection...

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Can I extend the duration of a promotion or change its closing date?

Can I extend the duration of a promotion or change its closing date? Promoters, for many reasons, often want to extend the duration of a promotion, whether it is a prize or a price promotion. The promotion may be very successful. Conversely, if it is a prize draw, there might not have been many entries and the promoter may wish to change the closing date to attract more entries. Another reason may be that, for on-pack promotions, the packs have entered retailers’ shops later than planned or there may have been technical problems with a website. There are two main sources of rules to consider when deciding whether to extend a promotion. These are the: • UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), and • Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 CAP Code Section 8 of the CAP Code covers promotional marketing. Rule 8.17.4.e states: ‘Closing dates must not be changed unless unavoidable circumstances beyond the...

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Corporate Crime weekly highlights—7 September 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the House of Commons’ rejection of the House of Lords’ amendments to widen scope of the Economic Crime and Corporate Transparency Bill, of the first case to come before the English courts challenging the designation of an individual under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and of the changes the government is making to the environmental civil sanctions regime. Also included is news of a number of key speeches delivered at the Cambridge Symposium on Economic Crime, of the Office of Financial Sanctions Implementation’s (OFSI) first use of its disclosure enforcement powers and of calls made by the Serious Fraud Office (SFO) for government to narrow the scope of disclosure rules to ease the burden on prosecutors sifting through reams of materials amid an explosion in digital evidence. All this, and more, in this week’s Corporate Crime weekly highlights.

Court of Justice confirms national legislative restrictions on advertising medicines to the public by reference to price are lawful (‘EUROAPTIEKA’ SIA v Ministru kabinets)

Life Sciences analysis: In a reference from the Latvian Constitutional Court, the Court of Justice has held that ‘advertising’ as defined in Directive 2001/83/EC (the ‘Pharmaceutical Code’) includes the promotion of medicinal products even where promotion is of medicines generally rather than a specific (named) product. In addition, the Court of Justice held that Member States may impose prohibitions on advertising to the public beyond those set out in Article 90 of the Pharmaceutical Code. Specifically, restrictions on promoting medicines by reference to price, for example price promotions, discounts, or ‘bundled’ sales, are lawful. Such restrictions help prevent irrational use of medicinal products and in doing so help to safeguard public health, in line with the overarching aims of the Pharmaceutical Code. The case confirms the essential aim of the Pharmaceutical Code’s controls on advertising and sanctions Member States’ ability to extend the list of advertising controls in the Pharmaceutical Code through national laws where the aim is to safeguard public health. Written by Shuna Mason, partner...