Jurisdiction(s):
United Kingdom

UK DMCCA 2024: CMA's direct consumer enforcement and fining powers and their application to greenwashing from 6 April 2025

Published on: 17 April 2025

Published by a LexisNexis Commercial expert

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Article summary

Key changes

DMCCA 2024, Part 3 confers fresh, direct enforcement powers on the CMA in respect of specified consumer regulations. Those powers will apply under the new framework introduced by Part 4 of DMCCA 2024 (effective from 6 April 2025), while the predecessor Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, will continue to govern relevant actions—such as misleading statements and omissions—that took place before that date. The CMA may investigate suspected breaches of consumer protection law and, where a contravention is identified, direct companies to comply with remedial steps (for example, removing offending statements from public materials or communications) and/or levy a penalty of up to 10% of a company’s worldwide turnover, including the turnover of any parent company and subsidiaries. In addition, throughout an investigation, the CMA can require undertakings from a business, such as commitments prohibiting it from making particular statements or from engaging in practices that may amount to an infringement under the relevant consumer protection law framework...

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