Rules and ethics
Part of Printed claims or proven facts? Packaging marketing rules and ethics
Packaging marketing promotion rules: prices, prize draws, QR codes
Packaging marketing promotions in England: what to show for a was price, a prize draw or a QR entry, and the evidence file to keep before print.
What to take away
- A "was" price must have been genuine, normally for at least 28 consecutive days in the last six months.
- A free prize draw is not gambling. Charge an entry fee and the Gambling Commission's rules apply.
- A QR code, text-to-win number or loyalty sign-up brings the pack into data protection scope.
- Keep one dated evidence file per claim, so a retailer or marketplace can see it at any point.
- This is general guidance. Individual cases need a qualified adviser.
Price claims: when a "was" price is genuine
A pack that shows a "was" price must show one that was genuine. The Chartered Trading Standards Institute's Pricing Practices Guide expects it normally to have applied for at least 28 consecutive days in the last six months.
Multibuy wording must match what the till charges. Free gift offers need the qualifying condition stated. Both are promises printed on the pack, so check each against the till and the offer terms before the artwork is approved.
Trading Standards acts on misleading labelling under the Consumer Protection from Unfair Trading Regulations 2008. Since April 2025 the CMA can also fine breaches under the Digital Markets, Competition and Consumers Act 2024. Build pre-print checks around both.
Pricing and promotional pack checks
- Saving claimgenuine previous price
- Multibuy wording matches till price
- Free giftqualifying condition stated
- Competitionclosing date shown
- Competitionpromoter identity shown
- Competitionwinner selection explained
Prize draws and competitions
State the closing date, the promoter's identity and how winners are chosen. Put all three where entrants can read them before they enter, whether the entry mechanic sits on the pack, on a landing page or in a text message.
Free prize draws are not gambling, but charge an entry fee and the Gambling Commission's rules apply.
The Gambling Commission says a free draw with a paid entry route must keep the free entry route no more expensive and no less convenient than the paid one. Decide which side of that line your offer sits on before the artwork is final.
Collect entries through a QR code and you are processing personal data, which brings the next section into play. If a printer or agency helps run the draw, the commercial contract terms should say who does what.
QR codes, text entries and personal data
A QR code, a text-to-win number or a loyalty sign-up brings the pack into scope of data protection. You need a lawful basis, a clear notice and a route for people to exercise their rights.
A short privacy notice on the landing page usually suffices if it names the controller. Write the pack brief and the notice together, so the code on the lid and the page behind it tell the same story. The data protection guide sets out scan-to-win steps for England.
UK GDPR breaches can draw fines of up to £17.5 million or 4% of global turnover. That is the reason to settle the notice before print, not after the first complaint.
Keep one evidence file per claim
Every promotional claim on pack needs its own file, because the non-broadcast advertising rules require substantiation for every claim. Fill in all six parts.
Claim substantiation file
- The exact claim as it appears on pack.
- The rule or law it engages, such as the CAP Code or weights and measures rules.
- The dated evidence behind it.
- Who signed it off, and when.
- A review date, because evidence ages.
- The artwork version it supports.
A retailer or marketplace can ask for it at any point.
Evidence goes out of date, which is why part five matters. A new supplier, a changed price or a fresh artwork version can leave an old file describing a different pack. The risk scenarios guide maps the triggers that should bring a review forward.
Claim substantiation file contents
- Exact claim as it appears on pack
- Rule or law it engages
- Underlying evidence, dated
- Internal sign-off and date
- Review date set
- Kept with supported artwork version
Food-contact and labelling duties sit outside this file. The UK rules and compliance guide maps the wider pack duties.
Check each offer before print
Run every offer on the pack through this table before the artwork is approved. If a row cannot be filled from your own records, the claim is not ready to print.
| Offer on pack | What you must be able to show |
|---|---|
| "Was" price | A genuine price, normally for at least 28 consecutive days in the last six months |
| Multibuy | Wording that matches what the till charges |
| Free gift | The qualifying condition, stated |
| Free prize draw | Closing date, promoter's identity and how winners are chosen |
| Competition with an entry fee | Gambling Commission rules checked |
| QR code or text entry | Lawful basis, clear notice and a route to exercise rights |
If a retailer or partner pays for the offer, say so on the entry terms. A disclosure policy keeps that wording current.
Common questions
How long must a "was" price have applied?
Normally for at least 28 consecutive days in the last six months, according to the Pricing Practices Guide from the Chartered Trading Standards Institute.
Is a free prize draw gambling?
No. Charge an entry fee, though, and the Gambling Commission's rules apply.
Do I need a notice for a QR entry?
Yes. You need a lawful basis, a clear notice and a route for people to exercise their rights. A short privacy notice on the landing page usually suffices if it names the controller.
Who can ask to see the evidence behind a claim?
A retailer or marketplace can ask at any point. Trading Standards can act on misleading labelling under consumer protection law.
