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UK commercial law weekly: ASA rulings on dark patterns, FSA allergen information rules, CE Energy v Bashar (SGA 1979), HMRC customs updates—week to 6 March 2025

Published on: 06 March 2025

Published by a LexisNexis Commercial expert
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Advertising, marketing and sponsorship

ASA rulings—5 March 2025

The Advertising Standards Authority upheld two complaints against Gemporia Ltd following a teleshopping segment for Tahitian pearl earrings. Price claims and comparative statements were ruled misleading, with assertions on anticipated resale value and comparisons with rival products found to be unsubstantiated. See: LNB News 05/03/2025 10.

ASA highlights rulings on Dark Patterns under the UK advertising code

An ASA blog outlines how previous CAP Code rulings have addressed ‘Dark Patterns’. It considers key risks around choice architecture, pressure to decide, and the presentation of choice information, highlighting cases where misleading design in third‑party reward programmes and subscription services breached the Code. Although tools like countdown timers and scarcity cues are not inherently unacceptable, advertisers must ensure claims are genuine, verifiable, and not used to manipulate consumer behaviour. See: LNB News 27/02/2025 41...

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