Processors have responded with confusion to UK regulations that seem to outlaw buy-one-get-one free (bogof) offers.

The Consumer Protection from Unfair Trading Regulations 2008 translated parts of the EU Unfair Commercial Practices Directive into UK law in May. It prohibits "describing a product as 'gratis', 'free', 'without charge' or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery". Many agree that this could easily apply to bogofs.

Manufacturers and retailers have contacted Leatherhead Food International's (LFI's) regulatory services department expressing "confusion" about the issue, said Luke Murphy, senior regulatory advisor, UK and Eire legislation. "Notable examples are 'buy-one-get-one-free' if the combined price is higher than normal single unit price (prohibited in my opinion) and a manufacturer concerned about '50% extra free' claims." The proposals would not just cover retailers' promotional practices, but also labelling.

Murphy added: "Ultimately the European Commission (EC) should provide more detailed guidance."

LFI believes majority opinion at EC level supports the continuance of bogofs, as did the House of Lords during its debate. The Local Authority Co-ordinating Office on Regulatory Services also supports the view that the regulations should not prevent bogofs, but concerns persist.