Business practices

Shrinkflation: obligation to inform consumers about the products concerned by 1 July!

Publié le 07 mai 2024 - Mise à jour le 29 juillet 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Since 1er in july 2024, supermarkets are required to inform consumers of products that are decreasing in quantity but are sold at the same or a higher price.

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Image 1Crédits: Jenwit - stock.adobe.com

As a reminder, "shrinkflation" (also called reduction) is the term used to define the commercial practice whereby the price of the product increases or remains the same while the quantity sold decreases.

Although legal, this practice is controversial because the consumer cannot detect it at the time of purchase.

Thus, for greater transparency, distributors in medium and large areas (companies or groups of natural or legal persons) must, since 1er july 2024, inform the consumer of the consumer products concerned by this practice of "shrinkflation".

Please note

This new obligation to provide information concerns shops whose sales area is more than 400 m².

FYI  

The DGCCRF has issued a FAQ which answers questions about this new measure.

What information should be provided?

The information notice to be displayed on the packaging of the product or on a label placed close to the product concerned is:

‘For this product, the quantity sold has increased from X to Y and its price to (specify the unit of measurement concerned) has increased by ...% or ...€.’.

The values X and Y are expressed by mass or by volume.

This indication must be displayed in a visible, legible manner and with the same font size as that used for the indication of the price of the product.

FYI  

In accordance with the same rules, the following statement must be displayed for products made up of several units, the quantity of which is decreasing and the unit price is increasing:

“For this product, the quantity sold has increased from X to Y units and its unit price has increased by ...% or ...€.”.

Please note

This information obligation shall apply during first two months of marketing of the product concerned.

Which products are concerned?

The statutory information requirements relating to ‘shrinkflation’ relate to the following consumer prepackaged products:

  • the foodstuffs ;
  • the non-food products sold in a constant quantity (weight or volume) (household products, baby products...).

Please note

This does not apply to foodstuffs pre-packaged in variable quantities or sold in bulk.

What sanctions?

Failure to comply with these new obligations will be punished by a fine of:

  • €3,000 maximum for a natural person ;
  • €15,000 maximum for a legal person.

In addition, police officers DGCCRF: titleContent may also issue injunctions against institutions failing to fulfill their obligations.

These injunction measures may be the subject of an advertising measure (press release, awareness message...) at the expense of the professional concerned.

Agenda