The UK’s Competition and Markets Authority (CMA) has initiated court proceedings against sleep product company Emma over allegations of potentially misleading online sales practices.
The competition regulator, which investigated Emma in 2022, raised concerns regarding the use of urgency claims, such as countdown timers and high-demand prompts, which may lead consumers to make rushed purchases.
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The CMA previously requested Emma to revise its business methods and commit to undertakings to comply with consumer protection law.
However, the company has not made all the necessary changes to address the authority’s concerns about reference pricing.
CMA consumer protection and markets interim executive director George Lusty said: “We have given Emma sufficient opportunity to alter the way it does business to address our concerns. They have failed to make all the changes that we require, which is why we’ve progressed to court action.
We are concerned that when sales tactics such as discounts and countdown clocks are used in a misleading way, they can pressure shoppers into making quick purchases and spending more than they otherwise would, for fear of missing out.”
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By GlobalDataEmma still has the option to amend its practices by consenting to an order or providing undertakings to the court.
The legal move is part of a broader effort by the competition regulator to scrutinise online selling practices, specifically those that may exert undue pressure on consumers.
Under its Online Choice Architecture programme, the CMA has already influenced Simba Sleep to implement formal changes ensuring that any stated “was” price reflects an actual previous selling price.
From April 2025, the CMA anticipates gaining direct authority to determine breaches in consumer law and impose fines of up to 10% of a company’s global turnover, subject to judicial appeals.
In August 2024, mattress retailer Simba Sleep agreed to alter its online sales practices following a CMA investigation.
