Black Friday 2026: UK Promotional Pricing Rules Every Retailer Should Know
When prices go down, your legal standards shouldn't follow.
Black Friday presents a significant opportunity for retailers to increase sales, attract new customers and clear seasonal stock. However, promotional pricing and discount advertising also attract increased regulatory scrutiny.
In the UK, retailers must ensure that their promotional pricing, discount claims and advertising practices comply with consumer protection and advertising requirements. Misleading pricing practices can expose businesses to regulatory investigations, enforcement action and significant financial penalties.
Under the Digital Markets, Competition and Consumers Act 2024, the Competition and Markets Authority (CMA) has direct enforcement powers and can impose penalties of up to 10% of a business's global annual turnover for certain consumer law infringements.
Before launching your Black Friday promotions, it is therefore important to review your pricing history, discount claims and promotional terms to ensure that your offers are accurate, transparent and properly substantiated.
Here are seven key checks every retailer should consider before their Black Friday campaigns go live.
1. Reference prices: Is your 'was' price genuine?
If you advertise a product as 'was £100, now £60', the previous price must represent a genuine selling price rather than an artificially inflated reference point.
Retailers should review the product's actual pricing history and ensure that any comparison with a previous price gives consumers a fair and accurate impression of the saving available.
In particular, check that:
The previous price was genuinely offered to consumers.
The reference price is supported by historical pricing records.
The comparison reflects the product's recent selling price and is not misleading in its overall presentation.
A previous price that was only briefly advertised, or was not genuinely available to consumers, may not provide a legitimate basis for a discount claim.
2. Duration of the reference price: Was the product genuinely sold at that price?
The period for which a product was sold at its reference price is an important consideration when assessing whether a promotional discount is genuine.
For example, if a product has been advertised at £100 for only a short period before being reduced to £60, consumers may be given a misleading impression of the saving if the product was not genuinely sold at £100 for a meaningful period.
There is no universal fixed minimum duration that makes every reference price acceptable. The circumstances, pricing history and overall impression created by the promotion must be considered.
Retailers should review how long the previous price was available, how frequently the product was discounted and whether the advertised saving accurately reflects the product's usual selling price.
3. Discount claims: Are your 'up to' and 'from' claims accurate?
Claims such as 'up to 50% off', 'from £10' and '50% off selected products' must accurately represent the offers available to consumers.
For example, if you advertise 'up to 50% off', a significant proportion of the products included in the promotion should actually be discounted by, or close to, the maximum advertised amount.
Similarly, if you advertise products 'from £10', a significant proportion of the relevant products should genuinely be available at that price.
Retailers should also ensure that the advertised discount is sufficiently prominent and not contradicted by exclusions or conditions hidden in the small print. Before publishing your campaign, check the actual distribution of discounts across the products included in the promotion and retain evidence to substantiate your claims.
4. Exclusions: Are promotional restrictions clear?
If certain products, brands, categories or product ranges are excluded from your Black Friday promotion, these exclusions should be communicated clearly to consumers.
For example, advertising a '20% off everything' promotion when significant product categories are excluded could create a misleading impression.
Retailers should:
Clearly identify excluded products or categories.
Make significant restrictions visible in the initial promotional communication.
Ensure that the headline offer is consistent with the actual promotion.
Avoid relying on small-print disclaimers to correct a misleading headline claim.
The key is to ensure that consumers understand what is included in the promotion before deciding to make a purchase.
5. Recommended Retail Prices (RRPs): Are your comparisons justified?
Retailers should take care when advertising discounts against a Recommended Retail Price (RRP).
An RRP should provide a genuine and supportable comparison with the price at which the product is generally sold across the market.
For example, where a product is widely available from multiple retailers, referring to a manufacturer's RRP alone may not be sufficient evidence that the advertised saving is genuine.
This is particularly relevant where a retailer is the only seller of a product or where the product is exclusively sold through its own website. In those circumstances, there may be insufficient market evidence to support the RRP as a meaningful comparison.
Before using an RRP in your Black Friday advertising, consider whether:
The RRP reflects the product's prevailing selling price across the market.
The comparison can be supported by independent market evidence.
The advertised saving gives consumers a fair impression of the discount available.
6. Countdown timers: Does your promotion really end when the clock reaches zero?
Countdown timers are commonly used in e-commerce to encourage consumers to act quickly before a promotional offer expires.
However, retailers must ensure that countdown timers reflect genuine promotional deadlines.
For example, if a countdown timer reaches zero but the same discount remains available, or the timer simply resets, consumers may be misled into believing that an offer is more time-sensitive than it actually is.
Retailers should ensure that:
Promotional end dates are genuine and clearly communicated.
Countdown timers accurately reflect the remaining promotional period.
Expired promotions are not automatically extended without a legitimate reason.
The advertised price and promotional terms change consistently when the offer ends.
Creating a false sense of urgency through misleading countdowns or artificial deadlines can raise consumer protection and advertising compliance concerns.
7. Responsible advertising: Are your promotions encouraging irresponsible spending?
Black Friday advertising should be prepared responsibly and should not encourage excessive or irresponsible spending.
The Advertising Standards Authority (ASA) has highlighted concerns around advertisements that trivialise borrowing, encourage consumers to spend beyond their means or make light of the consequences of debt.
This is particularly relevant to retailers promoting credit facilities, buy-now-pay-later products or other financing options alongside their Black Friday offers.
Retailers should consider whether their advertising:
Encourages consumers to purchase products they do not need or cannot afford.
Minimises the financial commitment involved in a purchase.
Trivialises borrowing or the consequences of taking on debt.
Uses excessive urgency or pressure to encourage impulsive spending.
Promotional campaigns should focus on genuine offers and clear product benefits without encouraging irresponsible purchasing behaviour.
Additional consideration: Promotional stock levels and availability
Alongside the seven checks above, retailers should pay particular attention to stock availability.
Where promotional products are available in limited quantities, significant restrictions should be made clear to consumers.
Retailers should make reasonable estimates of anticipated demand and ensure that they can substantiate those estimates. Simply stating that products are 'subject to availability' may not be sufficient where significant stock limitations exist. Care should also be taken not to exaggerate demand or create misleading impressions about stock levels. For example, claims such as 'only 2 left' or 'selling fast' should be accurate and supported by evidence.
Getting your Black Friday promotions right
Black Friday offers retailers an opportunity to drive revenue, but promotional pricing should be supported by accurate historical pricing information, genuine discount claims and transparent advertising.
A few checks before your campaigns go live can help reduce the risk of consumer complaints, regulatory scrutiny and costly compliance issues.
Retailers should also ensure that their marketing, e-commerce and commercial teams understand the requirements, particularly where promotions are being prepared across multiple channels or product categories.
Need legal support with your Black Friday campaigns?
Count & Sol provides commercial legal and regulatory support to businesses, including advice on UK promotional pricing rules, consumer protection and advertising compliance.
If you would like support reviewing your Black Friday campaigns or assessing your promotional pricing practices, contact Count & Sol to discuss how we can help.
FAQs
1. What are the rules for advertising discounts in the UK?
UK retailers must ensure that all advertised discounts are genuine, accurate and not misleading. This includes ensuring that previous prices used in 'was/now' promotions are genuine, advertised savings can be substantiated and important promotional conditions are clearly communicated to consumers. The Digital Markets, Competition and Consumers Act 2024 (DMCC Act) prohibits unfair commercial practices, including misleading actions and omissions. The CAP Code also contains rules governing price statements, savings claims and promotional advertising. Retailers should review their pricing history, discount claims and promotional terms before launching a campaign.
2. Can retailers advertise 'up to 50% off' if only a few products have that discount?
Retailers must ensure that 'up to' discount claims do not exaggerate the savings consumers are likely to receive. Where a retailer advertises 'up to 50% off', a significant proportion of the products included in the promotion should be available at the maximum advertised discount. The range of products and price points should also fairly represent the overall promotion. There is no fixed percentage that automatically satisfies this requirement. The ASA assesses claims on a case-by-case basis, taking account of the products available, the distribution of discounts and the overall impression created by the advertisement. Retailers should review the actual distribution of discounts across their promotional stock before publishing an 'up to' claim.
3. Can a retailer extend a Black Friday sale after its advertised end date?
Retailers should take care when extending promotions beyond their advertised end dates.
If an advertisement creates the impression that a discount is available for a limited period, repeatedly extending the promotion or continuing to offer the same discount after the advertised deadline may mislead consumers. The ASA expects promotional deadlines to be genuine. Promotions should not normally be extended unless there are exceptional circumstances that justify the change and consumers are not unfairly disadvantaged. Retailers should ensure that countdown timers, promotional end dates and website pricing accurately reflect the actual availability of the offer.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The application of consumer protection and advertising requirements will depend on the specific circumstances of each promotion. Businesses should obtain appropriate legal advice on their individual circumstances.
