Welcome to the latest edition of our retail law roundup, where we share the latest legal updates for retailers and brands.

It’s been a busy summer for pricing and consumer regulation, with a number of developments that retailers should have on their radar.

Pricing is firmly in the spotlight

 This month, we take a closer look at the High Court judgment in CMA v Emma Sleep, handed down on 30 July 2026, which rejected the CMA's controversial 1:2 volume ratio requirement for reference pricing. The CMA has since withdrawn its online mattress sector guidance, though specific breaches were found and the parties return to court in the autumn. Consumer protection has gained further attention following Prime Minister Andy Burnham's announcement on 10 August that the government plans to consult this autumn on whether certain pricing practices should be re-classed as banned practices rather than dealt with under the general prohibitions on misleading consumers, with any changes to follow through secondary legislation. Pricing practices and their enforcement look set to remain firmly under scrutiny.

Important update for businesses offering subscription contracts

When we covered the incoming subscription contract regime in April 2026, implementation was expected in Spring 2027. The government has now confirmed that it intends to bring the go-live date forward to January 2027. The substantive requirements are unchanged, only the timing has moved, but secondary legislation and guidance are still outstanding, so businesses will need to act on what is already known while watching closely for further detail.

We also look at

• Advertising to children: What retailers and brands need to consider when marketing in a digital environment, including the ASA's expanding monitoring capabilities and treatment of children as vulnerable consumers.
• DUAA: The new right to complain, new obligations on data controllers introduced on 19 June 2026, and what they mean for retailers.
• England's energy drink ban: The sale of high-caffeine energy drinks to under-16s in England will be banned from April 2027, covering all retail settings including online, with fines of up to £2,500 for non-compliance.
• VAT on package deals: The KFC dip pots ruling explained, the Upper Tribunal's landmark May 2026 decision and what it means for businesses bundling cold and hot items in meal deals or promotional offers.
• Workplace monitoring consultation: Employer guide, the key proposals from the government's consultation on workplace monitoring and surveillance technologies, and what employers should be thinking about now.
• Why the ASA is showing gambling ads the red card: The ASA's June 2026 Enforcement Notice on gambling ads with strong appeal to under-18s, timed to coincide with the FIFA World Cup, and what gambling advertisers need to do.

In case you missed it...

• Government launches consultation on Fair Work Agency’s approach to holiday pay compliance and enforcement.
• Right to work checks: Beyond employees.