Advertising and Marketing | UK Regulatory Outlook September 2026

UK updates

Committee of Advertising Practice publishes new resources to support compliant environmental claims in advertising

The Committee of Advertising Practice (CAP) has published new resources to help advertisers "get environmental claims right". These include a "Greenspeaking with confidence" guide, the publication of which was foreshadowed by the Advertising Standards Authority's (ASA) report examining environmental claims across UK online advertising, and an accompanying one-page checklist, which sets out questions to help advertisers review their claims and identify areas that may need further consideration.

CAP and BCAP (the Broadcast Committee of Advertising Practice) have also updated their existing guidance on environmental claims, which now includes new "key principles" summaries, reflects recent changes to the Advertising Codes following the introduction of the Digital Markets, Competition and Consumers Act 2024, and references the new guide and a checklist.

See this MarketingLaw article for more information.

CAP outlines current approach to advertising AI products

CAP has outlined how its code applies to advertising AI products. The UK Code of Non-broadcast Advertising and Direct and Promotional Marketing applies only to advertisements, not the products advertised, CAP notes. The ASA, which enforces the code, accordingly assesses how AI products are presented in ads.

CAP addresses potential scenarios in which ads may exaggerate the solutions that AI products offer, reinforcing that "what the ad promises, the product should deliver". It also recommends avoiding ads that imply an AI service can replace a qualified therapist, and discourages claims that AI chatbots would be suitable for emergency care or crisis situations.

It recommends that advertisers ensure that their ads for AI products do not reinforce harmful gender stereotypes, such as for an AI product offering dating advice, or perpetuate harmful body image. CAP reminds marketers of AI products to hold evidence to substantiate any objective claims about what the product can do and ensure that the content is responsible.

Government to publish consultation on tackling misleading 'discount' prices

See consumer law section.

EU updates

Directive on empowering consumers for the green transition applies from 27 September

The EU Directive on empowering consumers for the green transition (EmpCo Directive) applies from 27 September 2026. Among other things, it introduces new definitions into the Unfair Commercial Practices Directive (2005/29/EC) (UCPD), including "environmental claim", "generic environmental claim" and "recognised excellent environmental performance", and adds certain practices relating to green claims to the list of banned commercial practices in Annex 1 of the UCPD.

See Osborne Clarke's Digital Regulation Timeline and this MarketingLaw article for more information on the EmpCo Directive.