February 2026
Consumer, Competition and Sustainability
CMA guidance on making green claims across the supply chain
On 22 January 2026, the CMA published guidance clarifying responsibility and liability for making environmental claims across supply chains under UK consumer protection law, which is to be read alongside the Green Claims Code.
The guidance applies to the entire supply chain from manufacturers to brands and suppliers. The guidance explains that “making” a claim includes what is said, how it is presented, and omissions. Importantly, retailers may be repeating claims merely by stocking products, creating potential joint liability with brands, manufacturers and suppliers.
It states claims must be substantiated with evidence and may be misleading without intent, and that under the DMCCA 2024, the CMA can order directions, consumer redress and fines without court action, and will prioritise cases based on harm, scale, and who is best placed to remedy the issues.
Find out more about the CMA's enforcement strategy for 2026-2029 from Simon Jupp and Oz Watson here.
European Commission opens formal proceedings against Shein under the Digital Services Act
On 17 February 2026, the European Commission opened formal proceedings against Shein under the Digital Services Act ("DSA"). The investigation concerns alleged addictive design, lack of transparency in recommender systems, and risks relating to the sale of illegal products.
The Commission will examine Shein's systems to limit illegal products in the EU, including potential child sexual abuse material (e.g. child-like sex dolls).
The Commission will assess potentially addictive features such as points and rewards for engagement, and Shein's mitigation measures, including impacts on user wellbeing and consumer protection.
The Commission will review compliance with DSA requirements to disclose the main parameters of recommender systems and provide at least one non-profiling-based option for each recommender system.
Find out more about the effect of the DSA on online platforms, from Alexander Schmalenberger and Nathalie Koch, here. For a wider overview of the DSA, please see our dedicated page here.
CMA issues first direct consumer protection fine
On 13 February 2026, the CMA fined Euro Car Parks Limited £473,000 for failing to comply with a legally binding information notice.
The notice was issued in July 2025 and, despite seven contact attempts, the business did not respond for three months, only engaging after being warned of a proposed fine.
The penalty was imposed in December 2025 under Schedule 5 of the Consumer Rights Act 2015 as amended by the DMCCA 2024. It was the CMA’s first use of direct fining powers, which include a maximum fixed penalty of £30,000 or 1% of turnover and possible daily penalties.
The CMA stated it has no open consumer enforcement case against the business, the High Court refused an injunction to prevent naming, and the business has appealed the decision, meaning the fine is not payable pending determination or withdrawal.
Find out about how the CMA is ramping up investigations and making use of its new direct enforcement powers from Victoria Cherrington here.
