Einzelhandel

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  •  
    14/06/2024
    United Kingdom

    Recommerce Reads - Navigating green claims without greenwashing

    Online second-hand retail is on the rise, with increasingly eco-conscious consumers considering how they can shop more sustainably to reduce their fashion footprint. The Ethical Consumer and The Co-operative Bank’s 2023 Ethical Markets report recorded a 15% increase in people buying second-hand clothes for environmental reasons. Accordingly, “green” and “sustainable” claims have fast become a hot topic for companies looking to demonstrate their green credentials. As we noted in our previous article here, however, these same claims have also attracted the attention...
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  •  
    13/06/2024
    United Kingdom

    Recommerce Reads - The Resale Revolution: key legal watch-outs for the rise of recommerce

    Pre-loved, circular, second-hand: however you describe it, the resale industry has experienced huge growth in recent years, with opportunities for businesses and consumers alike. Particular growth has been witnessed for the fashion industry, with the global second-hand fashion market expected to grow three times faster on average than the global apparel market overall, and sales forecast to reach $350bn by 2027 (ThredUp, Resale Report 2023). Reselling is, of course, not a new concept, but the proliferation of second-hand sales online has pushed it closer towards the mainstream.At CMS, our lawyers...
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  •  
    13/06/2024
    United Kingdom

    Recommerce Reads - Second-hand doesn’t mean second best: consumer rights in pre-loved goods

    Online second-hand retail is booming, driven by increasingly eco and cost-conscious consumers choosing to shop “second-hand first” for clothes, homewares, electronics, and toys. The second-hand fashion market, in particular, has grown by nearly 50% according to the Ethical Consumer and The Co-operative Bank’s 2023 Ethical Markets report. This growth is particularly driven by environmental concerns, alongside a need to save money, with second-hand apparel being one of the few ethical ways to shop that tends to be more affordable.Peer-to-peer players (“P2P platforms”),...
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  •  
    17/04/2024
    England and Wales

    AI-driven enforcement comes of age in UK with AI systems reshaping advertising and regulation and enforcement – ASA’s 2023 Annual Report

    The UK’s Advertising Standards Authority (ASA) has published its 2023 annual report, describing 2023 as a watershed year for its digital strategy.Together, the ASA and the Committee of Advertising Practice (CAP) secured the amendment or withdrawal of 27,378 ads in 2023, a remarkable 92% of which resulting from proactive work largely powered by the ASA’s Active Ad Monitoring System. In December 2022, the ASA ran 20,000 ads through the system, which rose to over 600,000 ads per month by the end of 2023. This system forms a key part of the ASA’s 2024 to 2028 strategy on AI-assisted...
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  •  
    15/04/2024
    England and Wales

    Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

    The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...
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  •  
    28/03/2024
    United Kingdom

    Greenwashing: lessons from the CMA’s fast fashion investigation

    In January 2022, the UK competition regulator, the Competition and Markets Authority (the “CMA”), launched a review of green claims in the fashion sector. Six months following that, in July 2022, it launched an investigation into environmental claims made by three businesses, concerning fashion products (including clothing, footwear and accessories). The CMA expressed concern across the sector, but honed in on these businesses, in part, simply because of their size and visibility. Having worked with the CMA, on 27 March 2024, forward-looking commitments from the three fashion retailers...
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