This aims to create an Internal market for sales promotions which will allow advertisers to run the same promotion right across the EU. The overall objective of the draft Regulation is positive from an advertisers’ perspective but over the last two years the scope of the Regulation has been eroded to the extent that several Member States (including the UK) are beginning to question whether it is worthwhile continuing with the proposal.

The text also places a significant number of promotions outside the scope of the Regulation: alcoholic beverages, sales below cost, promotional contests and games in which participation is subject to a prior obligation to purchase. Promotional contests and games within TV programmes (e.g. Who Wants to be a Millionaire?) will also fall outside the scope.

Further discussion will take place on the draft text between Member States later this year in an attempt to reach political agreement on the proposal before sending it to the European Parliament for consideration.