CMA v Emma Sleep
The adCountdown timers, 'High Demand' messages, fake time-limited sales
OutcomeCourt-endorsed undertakings 22 May 2026, was/now pricing sent to trial
LessonUrgency must be real, reference prices are litigated separately
E-commerce and retail ads are prohibited on Meta and rules apply on Google. Prohibited Commercial Practices: Lists 'deceptive pricing'. Enforcement covers 'Misleading or unreasonable pricing', 'Non-delivery', 'Product misrepresentation' and 'Deceptive subscription practices'. (prohibited / feedback-driven enforcement). The phrases most likely to cause trouble include "only today", "countdown timer that resets", "High demand! viewed 6,458 times".
Prohibited / feedback driven enforcement
Sources: transparency.meta.com · transparency.meta.com · transparency.meta.com · facebook.com
Disapproval, warning before suspension
Sources: support.google.com · support.google.com · support.google.com · support.google.com
17 phrases that often lead to rejection, limited delivery or regulator action. High means the phrase or claim is named in a policy or ruling. Medium means it's our reading of a rule.
| Phrase | Why it's risky | Rule or source | Risk |
|---|---|---|---|
| only today / ends tonight / last chance (when the deal recurs) | False limited-time claim (CAP 3.30), CMA Emma | gov.uk | High |
| countdown timer that resets | Emma gave an undertaking to stop | gov.uk | High |
| High demand! viewed 6,458 times | Fake demand messaging | gov.uk | High |
| only 2 left (false) | India 'False urgency' dark pattern | jsalaw.com | High |
| was / now, X% off (vs a price that is not the 30-day low) | EU: the prior price is the lowest in the prior 30 days | curia.europa.eu | High |
| RRP (not generally charged) | CAP 3.39 | asa.org.uk | High |
| free (with conditions) | CAP 3.23-3.24: 'free' only if there is no cost beyond the unavoidable | asa.org.uk | High |
| free trial (auto-renew undisclosed) | Google dishonest pricing, CAP 3.26 | support.google.com | High |
| lowest price guaranteed / cheapest | Comparative claims must be objective and verifiable (CAP 3.33-3.34) | asa.org.uk | Medium |
| 5-star / 10,000 happy customers (fake or filtered) | Fake reviews banned (UK DMCC, FTC rule, CAP 3.44) | gov.uk | High |
| verified reviews (unverified) | EU Omnibus: must take reasonable steps to verify | brownejacobson.com | High |
| + booking/admin/service fee at checkout | Drip pricing banned in the UK since 6 Apr 2025 | gov.uk | High |
| free shipping (with hidden return or handling fees) | Merchant Center hidden-fee examples | support.google.com | High |
| as approved by / trust seal (unauthorised) | CAP 3.52 | asa.org.uk | High |
| like & share to win | Engagement bait / like-gating | transparency.meta.com | High |
| only GBP1 (bait item unavailable) | Bait-and-switch | support.google.com | High |
| buy followers / boosted reviews | FTC bans buying fake social metrics | ftc.gov | High |
Before and after examples. Swap the bracketed parts for your real details.
Ends tonight! 50% off
Sale runs 1-14 Oct. Was GBP100 (lowest price in the prior 30 days), now GBP50.
Free gift with every order
Free tote with orders over GBP40, while stocks last ([N] units)
Lowest price guaranteed
Find it cheaper at [named UK retailers] within 7 days and we'll match it. T&Cs apply.
From GBP19.99 + GBP3.99 service fee
GBP23.98 total incl. all mandatory fees
Rated 5 stars by 10,000 customers
[X]/5 from [N] verified-purchase reviews (all ratings shown)
FTC Notice of Penalty Offenses on money-making claims (1,100+ firms)
FTC: Fashion Nova pays US$4.2m for review suppression
EU Omnibus Directive applies (30-day prior price, review verification)
CMA investigates Wowcher urgency claims
India CCPA Dark Patterns Guidelines (13 patterns)
FTC final rule on consumer reviews, effective 2024-10-21
CJEU Aldi Sud C-330/23 on % discounts
FTC click-to-cancel rule adopted
UK DMCC: fake reviews and drip pricing banned
Amazon gives undertakings to the CMA on fake reviews
8th Circuit vacates the FTC click-to-cancel rule
CMA opens its first DMCC investigations (8 firms) and sends 100 warning letters
Emma Sleep consent order on timers and urgency, was/now pricing goes to trial from 4 Jun 2026
The adCountdown timers, 'High Demand' messages, fake time-limited sales
OutcomeCourt-endorsed undertakings 22 May 2026, was/now pricing sent to trial
LessonUrgency must be real, reference prices are litigated separately
The adDrip pricing, time-limited sales, opt-ins
OutcomeFirst DMCC investigations (fines up to 10% of turnover)
LessonThe UK direct-fining regime is now live
The adFake reviews, catalogue abuse
OutcomeUndertakings 6 Jun 2025
LessonPlatforms must detect and sanction review abuse
The ad% discount calculated against the previous day's price
OutcomeMust use the lowest price in the prior 30 days
LessonCalculate EU discounts from the 30-day low
The adBlocked reviews under 4 stars
OutcomeUS$4.2m
LessonSuppressing reviews is deceptive
FTC reviews rule in force since 21 Oct 2024, click-to-cancel was vacated, but Section 5 and state laws still apply.
Executive Regulations (in force 14 Oct 2023) ban misleading claims, Dubai/Abu Dhabi DED permits needed for sales promotions (per 2016 guidance).
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This tool is a pre-launch screen, not legal advice. Meta and Google do not publish banned-word lists, so each flag is a risk signal tied to a published rule, regulator ruling or court case. Policies change often. Data last checked 5 October 2026.