- High Court order confirms CMA position that Emma Sleep pressure selling tactics were illegal
- Emma Sleep agreed to sign binding undertakings to change these practices – which are enforceable by the court
- High Court will determine in June whether remaining aspect of the CMA’s case against Emma Sleep – regarding its use of ‘was/now’ pricing – broke the law
The Competition and Markets Authority (CMA) has secured a settlement with Emma Sleep after the company admitted it broke consumer law by using misleading countdown timers, and false ‘high demand’ messages and ‘discount’ claims. On 22 May 2026, the High Court order confirms Emma Sleep had behaved illegally.
Conducted under the CMA’s previous consumer powers, this part of the case against Emma Sleep has now been settled – with the company giving binding undertakings to stop these practices and make sure any future claims on its website are clear, accurate and do not create a false impression that people need to act quickly. It also stops Emma Sleep using ‘limited time’ sales or discounts where substantially similar deals continue after the deadline passes.
Emma Sleep must also put robust compliance measures in place across its entire business, including monitoring compliance with the undertakings, reporting to the CMA, and taking swift action to address any potential breaches.
The settlement means Emma Sleep has agreed to these legally binding changes to its practices – which are now enforceable by the Court. Any failure to comply could result in contempt of court proceedings, potentially leading to significant penalties.
Hayley Fletcher, Senior Director of Consumer Protection at the CMA, said
Businesses should be clear on what the law says using fake countdown clocks or misleading ‘discounts’ to push people into spending is illegal.
We’ve taken action to put a stop to Emma Sleep using these tactics – and with our strengthened powers, any company that seeks to take advantage of consumers could now face hefty fines and be ordered to repay their customers.
Our message to businesses is simple – get your house in order or deal with the consequences.
The CMA launched an investigation into Emma Sleep in 2022 over concerns that its use of discounts, countdown clocks and other urgency claims could mislead shoppers and pressure them into making rushed purchases. Court action followed in 2024 after the company failed to take the necessary action to address the CMA’s concerns.
This case was conducted before the CMA’s new consumer regime came into force. Since April 2025, the CMA can decide independently whether the law has been broken, without having to go through the courts. Where it finds the law has been broken, it now has the power to fine companies up to 10% of their global turnover, and secure refunds for affected consumers – allowing it to go further than was possible in the case against Emma Sleep.
Since April 2025, the CMA has launched investigations into 14 businesses to date, concluding its investigation into the AA with £4.2 million in fines and £760,000 in consumer refunds.
The remaining aspect of the CMA’s case against Emma Sleep – focused on reference pricing, more commonly known as ‘was/now’ pricing – will be determined at trial due to start in early June 2026.
For more information, visit the Emma Sleep case page.
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