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German court rules Milka shrinkflation misleads even with accurate labels

By Editorial26 May 20263h ago
German court rules Milka shrinkflation misleads even with accurate labels

The Mondelēz ruling

A German court has found that Mondelēz International misled consumers by reducing the size of its Milka chocolate bars from 100 grams to 90 grams without sufficiently signalling the change on the package. The catch: the company had accurately updated the weight label on the packaging.

The Hamburg court ruled that accurate labelling was not enough. Consumers cannot be expected to regularly check packaging information on the chance that the manufacturer has changed product weight if there is no other visible indication that the product is different. The ruling marks a shift in how courts assess shrinkflation. Rather than focusing narrowly on whether labelling complies with formal rules, the court examined the overall impression the packaging created for shoppers.

Shrinkflation is not formally regulated in the EU

Shrinkflation, defined as reducing product size without lowering price, typically happens with minimal packaging changes beyond the weight label. Under current EU law, manufacturers must display accurate net quantity information in a minimum font size, but they are not required to make packaging changes prominent or to prominently signal size reductions.

As Katia Merten-Lentz, partner at law firm Food Law Science and Partners, explained, formal compliance with labelling rules does not automatically shield companies from legal trouble. Courts and consumer authorities across Europe are increasingly focusing on the overall consumer perception created by packaging and presentation rather than strict adherence to labelling minimums.

National laws are tightening

While no Europe-wide shrinkflation law exists, anti-shrinkflation rules are beginning to appear at the national level. France, in 2024, specified that companies must inform consumers for two months if a product's price has increased relative to its weight. Italy adopted a similar law in 2025 requiring products to be labelled if a size reduction occurs.

Belgium's consumer protection minister has also expressed interest in tackling shrinkflation. Beyond national laws, the upcoming Packaging and Packaging Waste Regulation (PPWR) could constrain the practice further by prohibiting double walls, false bottoms, or unnecessary packaging layers except in exceptional circumstances.

Courts and regulators are setting a new standard

The Mondelēz case reflects a wider trend: Europe's courts and consumer authorities are moving away from formal compliance checks and toward assessing overall consumer impression. This shift suggests companies will face greater pressure to make packaging changes visually obvious when they reduce product size.

However, this approach is not yet universally applied across the EU. The ruling will not automatically apply to all member states. Still, the combination of national laws in France and Italy, heightened public debate, and active scrutiny from consumer protection organisations signals that shrinkflation faces increasing regulatory friction across Europe.

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German court rules Milka shrinkflation misleads even with accurate labels | The Consumer Daily