Foreword: The Unfair Commercial Practices (UCP) provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA) recently replaced and updated the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) - the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived. Relevant amendments were made to the CAP Code, which came into force on 7 April 2025.
This Enforcement Notice was informed by Code rules and ASA rulings that predate the introduction of the UCPs and is currently in the process of being updated. Marketers are advised to review the resources Amendments to the Advertising Codes following review in response to the DMCCA 2024 and the CAP Code archive, as well as the AdviceOnline library entry on Compulsory Costs and Charges: Delivery Charges to supplement their knowledge in the interim.
This Enforcement Notice provides guidance to online and distance sellers about Advertised Delivery Restrictions and Surcharges. Advertisers must not make incorrect absolute “UK delivery” claims and must make sure any qualifications about delivery do not contradict the main claim.