Same package, less in it is a popular trick for hidden price increases. The Hamburg consumer advice center sued one of the largest margarine manufacturers for deceiving consumers – and has now essentially been proven right.
The Hamburg consumer advice center has been fighting against so-called for years “Deceptive packages”. Now the consumer advocates have won a judgment with a signal effect. The Hamburg regional court upheld a lawsuit against the margarine manufacturer Upfield on the matter: The principle of less content with the same packaging and without a clear indication therefore represents an inadmissible misleading of consumers.
The consumer advice center speaks of one “groundbreaking judgment in the matter of deceptive packaging”, which is not yet legally binding. Upfield can appeal the verdict handed down on February 13th. The star Upfield has asked for comment and has not yet received a response.
Deceptive package with “Risk of recurrence”
The specific dispute involved a spread from the margarine brand Sanella. Upfield reduced the filling quantity of this from 500 grams to 400 grams in 2022, but continued to sell it in the identical pack and only adjusted the prescribed filling quantity information. Not only the consumer advice center but also the regional court consider this to be consumer deception.
The sale of Sanella spread “without a clearly visible explanatory note about the changed filling quantity” is at least for a transitional period of three months “misleading”, writes the court in its reasons for the judgment. It can be assumed that the consumer expects an unchanged product and only notices the smaller filling quantity afterwards.
Upfield does not have to increase the capacity of the Sanella again due to the ruling. The change was made a while ago and the court could not identify any lasting misleading. However, the manufacturer is prohibited from repeating the filling quantity trick under penalty of a fine of 250,000 euros. The “Risk of recurrence” The court sees in particular the fact that Upfield Sanella “Over time, it has been offered in a whole range of different pack sizes and filling quantities” have.
“Deceptive package of the month”
Same bag, less in it: Katjes deceives customers with fruit gums
Consumer advice center calls for legal regulations
The consumer advice center considers the ruling, if it becomes legally binding, to be an important step towards greater consumer protection in the event of hidden price increases. “Deceptive packages and hidden price increases are no longer so easy; there must at least be a clear indication of this in the transition if everything else remains the same”says consumer advocate Armin Valet. Hauke Reinhardt from the law firm Burchert and Partner Rechtsanwälte, which represents the consumer advice center in this matter, explains: “It is the first time that a court has spoken out against this form of deceptive packaging and a first stage victory for more consumer protection. Given the facts, the court could no longer stand by this misleading practice.”
In addition to Sanella, the food manufacturer Upfield sells other well-known brands such as Rama, Lätta and Becel. Rama’s spreadable fat, which can no longer be called margarine since the fat content was reduced, was voted on by the Hamburg Consumer Center “Deceptive package of the year 2022” chosen. The consumer advocates had previously also criticized trickery regarding the filling quantity. At the time, Upfield explained the price increases as significant cost increases. The changed filling quantity is on the packaging “clearly”.
However, the consumer advice center sees the current court ruling as only a first step. She generally calls for stricter legal rules. The consumer advocates demand that old and new filling quantities for up to twelve months be stated on the packaging, that if there is less content, the packaging must also be smaller and that packaging must in principle be fully filled and that a technically necessary air space is only permitted in exceptional cases.
Watch the video: Less content, higher price: This is the deceptive package of the year.
Source: Stern
