A German court ruled Wednesday that Mondelēz International misled consumers by shrinking Milka Alpine Milk chocolate bars without providing clear labeling [1].
The decision highlights the legal risks associated with "shrinkflation," where companies reduce product size while maintaining or increasing prices. This ruling may set a precedent for how food manufacturers notify shoppers about quantity changes in the European market.
The court in Bremen, Germany, found that the company tricked shoppers by reducing the net weight of the chocolate bars from 100 g [1] to 90 g [1]. According to the ruling, the packaging did not contain a clear notice of the weight change, which the court said was misleading to consumers [1].
While the product size decreased, the cost for consumers rose. Reports on the exact price increase vary, with some sources citing an increase of 40 p [3] and others stating the price rose by 50 cents [2].
Mondelēz International, the maker of the Milka brand, implemented these changes as part of a broader trend of cost-cutting measures across the food industry. However, the court said that the lack of transparency on the wrapper prevented consumers from making an informed purchase [1].
The ruling comes amid increasing scrutiny of corporate pricing strategies across Germany. Consumer advocacy groups have frequently pointed to the practice of reducing volume to mask inflation, a tactic that the Bremen court has now flagged as a violation of consumer transparency [1].
“The court in Bremen, Germany, found that the company tricked shoppers by reducing the net weight of the chocolate bars.”
This ruling signals a tightening of consumer protection enforcement regarding shrinkflation in the EU. By penalizing the lack of explicit labeling during a weight reduction, the court is asserting that the 'right to know' extends beyond the fine print of a nutrition label to a level of prominence that prevents consumer deception during the act of purchase.
