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ARTICLE · 05 AUGUST 2025

ASA Springs Another Mattress Pricing Case On Us

Global Advertising Lawyers Alliance (GALA)
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Pricing claims, including discount claims, must be clear and fair, and must not mislead consumers. That is the position under consumer protection legislation and the UK's advertising codes...

United StatesMedia, Telecoms, IT, Entertainment
Geraint Lloyd-Taylor (Lewis Silkin LLP)
Geraint Lloyd-Taylor (Lewis Silkin LLP)
Jen Dinmore (Lewis Silkin LLP)
Jen Dinmore (Lewis Silkin LLP)
Elizabeth Burton (Lewis Silkin)
Elizabeth Burton (Lewis Silkin)
Fleur Chenevix-Trench (Lewis Silkin)
Fleur Chenevix-Trench (Lewis Silkin)
Alex Meloy (Lewis Silkin)
Alex Meloy (Lewis Silkin)
Helen Hart
Helen Hart
Author LinkedIn connections

Pricing claims, including discount claims, must be clear and fair, and must not mislead consumers. That is the position under consumer protection legislation and the UK's advertising codes (CAP non-broadcast Code and BCAP broadcast Code). Was/now claims are common, for example, when retailer says that an item was £7.99 and now costs £3.99. These can mislead by omission, if for example the item was only sold at £7.99 for a very short period of time or only a long time ago.

In August 2024, the Competition & Markets Authority (CMA) issued guidance on reference pricing for online sellers of mattresses (although it has wider application). It says that when a was/now claim is made:

  • the higher 'was' price needs to apply for as long as (or longer than) the 'now' price; and

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