Using 'was' prices and countdown timers in a sale

These rules apply across the UK to any business that sells goods or services to consumers, in a shop or online. They cover Black Friday, January sales and every other promotion.

Since 6 April 2025, Part 4 Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 (the DMCC Act) has banned unfair commercial practices. It replaced the Consumer Protection from Unfair Trading Regulations 2008.

Comparing your price with a higher one

You can say 'was £50, now £30' when £50 is a price you genuinely charged. Section 226 bans false or misleading information, including information that is true but presented in a misleading way. A 'was' price misleads if you never really sold at that price, or listed it briefly to inflate the discount.

A court or Trading Standards officer is likely to weigh:

• how long you charged the higher price compared with how long the sale runs
• how recently you charged it, because a price from a few weeks ago is stronger than one from many months ago
• whether you charged it in the same shop or on the same website
• whether you made real sales at it
• whether it was an out-of-season price
• whether other prices or discounts applied in between

Keep a dated record of every price change and the sales made at each price. Without it you cannot prove the 'was' price was real.

A comparison with a recommended retail price (RRP) is likely to mislead if the RRP differs significantly from the price the product usually sells for. An introductory price is likely to mislead if it never rises or runs on after the product stops being new.

In its case against Emma, the Competition and Markets Authority (CMA) asked the High Court to require a minimum ratio of sales at the higher price. The court refused. Sales at the higher price are one factor among several, including whether you genuinely believed the higher price was realistic. The court decided that case under the earlier law, which section 226 largely carries over.

Countdown timers and 'ends tonight' offers

A timer, banner or message that falsely says an offer is time-limited is banned. A countdown that restarts at zero, or an 'ends tonight' sale that runs again tomorrow, breaks the ban.

A true deadline is lawful, so show a genuine end date clearly. A near-identical offer returning within a short period can make the original deadline misleading.

Scarcity and popularity messages must match your real stock and sales. 'Only 2 left' and 'in high demand' are banned when they are false and meant to push customers into buying on worse terms. Claiming a closing-down or moving sale when you are neither closing nor moving is also banned.

Fees added at checkout

Any advertisement or listing that lets a customer decide to buy must show the total price. A fee is mandatory if the customer must pay it to buy or receive the product. Adding a mandatory booking, service or delivery fee later in the checkout is drip pricing.

Quoting the best price or the biggest saving

Quote a 'from' price or an 'up to' saving only where customers can really get it. A 'from' price for a basic model, shown beside features only a dearer model has, is likely to mislead.

Price marking in your shop

The Price Marking Order 2004 requires you to display selling prices, and unit prices for most goods sold by weight or volume. The DMCC Act governs 'was' prices.

In Great Britain, a product with more than one selling price must show each price, such as a standard price and a loyalty-scheme price. Display any conditions on the lower price close to the product.

You can use a general notice of a reduction instead of marking each item where marking each reduced price is not reasonably practicable. The notice must show the details of the reduction prominently, unambiguously and legibly.

If the CMA takes action

The CMA can investigate suspected breaches itself, order you to stop and fine you directly without a court order.

Prosecution and who enforces the rules

Using a banned practice, or leaving a mandatory charge out of an advertised price, is a criminal offence. Trading Standards at your local council enforces the rules in Great Britain. The CMA can enforce across the UK.

Directors and other officers are personally guilty where a company's offence involved their consent, connivance or neglect.

Where to get help

If you are unsure whether a price claim, timer or stock message is lawful, ask Trading Standards at your local council before you publish it.