Retail law roundup: September 2026

30 September 2026

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

From luxury resale and pre-loved fashion to recycled materials and upcycled collections, circularity is becoming an increasingly important part of the retail landscape and sustainable fashion is firmly in the spotlight. Could new EU legislation designed to promote sustainability inadvertently create challenges for the businesses which already lead the way?

This month, we take a closer look at the EU’s evolving product sustainability framework, including Extended Producer Responsibility (EPR) and Digital Product Passports. While the new rules aim to improve traceability, recycling and product transparency, questions remain over how they will apply to second-hand and upcycled goods, particularly where material composition and origin are difficult to establish. We explore the potential implications for fashion retailers and their supply chains, the areas of legal uncertainty and why businesses should be preparing now.

We also look at:

Advertising in ChatGPT: The opportunities for retailers to reach consumers through AI-powered product discovery, and the advertising and data protection considerations they need to navigate.
Unboxing the new EU Packaging Regulation: New requirements covering recyclability, reuse and labelling, and what they mean for retailers’ packaging, sourcing and supply chains.
AI in advertising: When brands need to disclose AI-generated content and how UK and EU rules affect digital marketing campaigns.
ASA monthly insights: Key rulings on promotional pricing, competitor comparisons, environmental claims and health-related advertising, with practical lessons for retailers.

Rebalancing the wheels: The automotive sector faces a defining gear shift as insolvencies rise

Browne Jacobson advises PureGym on £235m Swiss fitness business acquisition

19 October 2026

Press Release

Browne Jacobson advises PureGym on £235m Swiss fitness business acquisition

Pre-Autumn Budget 2026: Six key issues to watch on 28 October

16 October 2026

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Browne Jacobson posts record revenue and sets platform for growth through island of Ireland expansion, AI investment and record partner hires

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Our people

Browne Jacobson wins Employer of the Year at the upReach Student Social Mobility Awards for second year in a row

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Browne Jacobson supports Cambridge Heartwear in launching wearable tech for rapid heart disease diagnosis

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Services

Insights

Insights

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Browne Jacobson launches fifth cohort of REACH mentoring programme to support young Black lawyers

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International

Browne Jacobson strengthens international employment practice with head of immigration, Yawar Abbas

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Browne Jacobson accelerates ambition by joining forces with Davidson McDonnell to enter Northern Ireland

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Retail law roundup: September 2026

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Caroline Green

Emma Roake

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Rebalancing the wheels: The automotive sector faces a defining gear shift as insolvencies rise

Browne Jacobson advises PureGym on £235m Swiss fitness business acquisition

Pre-Autumn Budget 2026: Six key issues to watch on 28 October

Irish High Court declines jurisdiction for easyGroup’s trade mark infringement claim

The ASOS hack: A wake-up call retail fashion can’t ignore

EU extended producer responsibility: Is it an 'own goal' for pre-loved and responsible fashion sectors?

New transparency obligations under the EU AI Act

Standardising breach notification across the EU: The EDPB's new draft template

Employment Appeal Tribunal gives guidance on the use of generative AI in preparation of documents: Hancox v Sutherland and others

Duty on employers to inform all workers of their right to join a trade union – government’s response to consultation

ASA monthly insights September 2026: Rulings you need to know about

Employment tribunal claim time limits to double from 1 October 2026

Retail law roundup: September 2026

AI in advertising: Do I need to label my AI-generated ad?

Unboxing the new EU Packaging Regulation

Contaminated land: Turning liability into opportunity

Advertising in ChatGPT: What retailers need to know

Dealing with offensive language in the workplace

ASA monthly insights July 2026: Rulings you need to know about

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Browne Jacobson advises founder of Never Fully Dressed on the investment from Refined Capital Partners

CMA v Emma Matrazen case update: Reference pricing key takeaways for retailers

Star players, big stakes: Why the ASA is showing gambling ads the red card

England to ban energy drink sales to under-16s: What businesses need to know

From doughnuts to delivery apps: The ASA's less healthy food ad rulings so far

New global standard for 'may contain' allergen labels: What food businesses need to know

VAT on package deals: What the KFC meal deal case means for your business

Sanitary and phytosanitary (SPS) agreement: Updates to guidance

Tackling modern slavery: What the UK's new proposals mean for businesses and public bodies

Children in the digital environment: The advertising rules you should be aware of

Browne Jacobson secures triple shortlisting at FT Innovative Lawyers Awards

New apprenticeship behaviour verification – key considerations for employers

Mergermarket announces Browne Jacobson as top three firm for deal count

Legal comment: FCA review into impact of AI on retail financial services

Data (Use and Access) Act 2025: New complaints obligations and what they mean for your retail business

ERA 2025: Striking a balance: Navigating the new rules on detriments for industrial action

Retail law roundup: June 2026

The price? It needs to be right

Connected products: What retailers need to know about ICO and data protection compliance

Returns fraud: What can retailers do to limit their risk?