CMA enforcement: what we can expect for food & agri sector in 2025/26

On 6 April the CMA got its long-awaited new enforcement powers, allowing it to levy civil fines of up to 10% of group global turnover for all consumer protection breaches.  The CMA has been pushing for these powers for years and when the legislation was first announced it was clear that the intention was to make use of them and quickly.  But the world has changed, we have a new government with the new business growth agenda and unprecedented uncertainty which impacts on consumer confidence.

So what does this change mean for the food and Agri sector?

Firstly it means a focus on areas of so-called essential spend, which is expressly described to include groceries, heating and housing.  So the food and Agri sector is a sector particularly in focus as it makes up an enormous proportion of groceries.  

In terms of what the CMA will be looking at they have said that they are going to focus more on where the law is already clear.  To help with this they are planning more simpler guidance to business and invited business to comment on where they think guidance is unclear.  It goes without saying once the guidance is clear then enforcement may follow, so monitoring new guidance will be very important in 2025/2026.

They are also going to focus in particular where consumers are being given false information, or aggressive sales practices are harming vulnerable consumers.  Which suggests that dark patterns through the existing online choice architecture enforcement program are likely still on the agenda – but perhaps with an increased focus on false information and the newly updated definition of vulnerable consumers.

Finally the CMA has indicated a particular interest in contractual terms with consumers which means a focus not just on what is sold but how it is sold to consumers.  Bringing retail, particularly and DTC e-commerce into focus.  It may also be a nod to the incoming subscriptions regime.

So what is this likely to mean in practice for enforcement in 2025 & 2026 by the CMA. Mills & Reeve have the following suggestions on what to look out for.

• We expect enforcement to focus on businesses selling essential purchases such as food.  So if you operate in the sector it is particularly important to stay compliant and up-to-date with the latest developments.
• There are already some newly clarified areas of law such as compliance required in relation to reviews. We anticipate that the CMA will be keen to demonstrate the importance of compliance – likely with enforcement after the enforcement grace period announced in April expires.  For more on reviews compliance our article here 
• We are expecting some new simpler guidance on displaying prices online and avoiding price dripping in the autumn.  Making sure that you state up-to-date with this new guidance and implementing it in a timely way will be important as this guidance is designed to bring the clarity of law needed - before the CMA goes ahead with enforcement. 
• Online choice architecture (a.k.a. dark patterns) clearly continues to be a focus but we expect it to focus more tightly on examples of “false information”.  The same may be true for the green washing enforcement agenda.
• Particular care should be taken in drafting consumer terms in light of the repeated reference by the CMA to focus on unfair terms.  So if you are selling online now is a good time to review your terms.

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