Enforcement, security and remedies

Commercial weekly highlights—20 February 2025

This week's edition of Commercial weekly highlights includes: commentary on the decision in EE v Virgin Mobile which considered the effect of a clause excluding liability for loss of ‘anticipated profits’ in a contract, analysis of the Information Commissioner’s Office response to Google’s decision to lift a prohibition on device fingerprinting, and news that the government will keep the Commercial Agents (Council Directive) Regulations 1993 unchanged after concluding its consultation.

CAP and BCAP launch further consultation on 'less healthy' ads rules

The Committees of Advertising Practice (CAP and BCAP), on behalf of the ASA, have initiated a further consultation on implementing new restrictions on advertising 'less healthy' food and drink products to children. The rules, effective from October 2025, will ban such ads on TV and online during specified times. The consultation seeks input on revised guidance for applying these rules, following feedback from a previous consultation. The consultation is open to all stakeholders and closes on 18 March 2025 at 5:00pm.

UK FCA gets permission to intervene in landmark car-finance hearing

MLex: The UK's Financial Conduct Authority (FCA) has been granted permission by the Supreme Court to intervene in the landmark car-finance hearing that will define the future of the industry, after lenders came under increased scrutiny over the use of hidden commissions. The Finance & Leasing Association (a top trade group) was denied permission. The finance ministry was also denied permission.

ASA rulings— 19 February 2025

One complaint was received by the Advertising Standards Authority (ASA) regarding misleading discount claims on Secret Escapes Ltd's website. The ASA upheld the complaint.