Milka chocolate has come under scrutiny from the German justice system, setting an important precedent that could prove crucial in the fight against shrinkflation, a marketing strategy that involves reducing the quantity of a product while keeping the price unchanged (in this case, even increasing it). The lawsuit against the brand owner, Mondelēz International, was filed by the Hamburg Consumer Centre for unfair competition: the new "Alpine Milk" bar is in fact one millimeter thinner and the weight reduction (from 100 grams to 90 grams) is imperceptible, but the design is practically identical.
The Bremen Court's Decision
Despite these changes, which may be imperceptible to sight or touch, the price actually increased, from €1.49 to €1.99. German judges considered this strategy to be a violation of competition laws. The US company's defense, which claimed it had informed German consumers of the change via its website and social media channels, was of little avail. The Court, for its part, held that a clear warning should have been on the packaging and, moreover, it should have been maintained for at least four months to allow everyone to understand the change. Therefore, the problem lies in the discrepancy between the actual content and the visual expectation built up over years of purchases.
In upholding the case, German judges have ruled that anyone who decides to shrink their products must include a clear and understandable warning on the packaging to avoid confusing consumers. While the ruling has no concrete consequences for Milka or Mondelēz, as it does not require the recall or modification of products already distributed, it is significant for future cases, given the risk of recurrence. Furthermore, it also sets an important legal precedent in the fight against shrinkflation. The Hamburg Consumer Centre welcomed the decision: "It strengthens consumers' rights in the event of hidden price increases," said association representative Armin Valet. Mondelēz now has a month to appeal : the company has already stated that it is examining the details of the ruling before deciding how to proceed.
The Milka Case is Just The Tip of The Iceberg
Shrinkflation has become all too common, as manufacturers seek to offset rising costs and raw materials. This phenomenon is especially evident in chocolate, which has become increasingly expensive due to poor harvests in Ghana and Ivory Coast, where over half the world's cocoa beans are produced. In previous months, the Guardian had already noted a widespread trend toward downsizing confectionery products. Among the various companies under scrutiny is Toblerone, another Mondelēz brand, whose bar has seen its weight reduced from 360 grams to 340 grams. Not only shrinkflation, but another questionable strategy used by companies to try to "combat" rising production costs is skimpflation, that is, worsening the recipe by replacing expensive ingredients with cheaper alternatives.
In a market where millimeters and grams are imperceptible instruments of profit, the Bremen ruling draws a necessary line. The challenge now falls to the legislator, ensuring that transparency regarding product variations becomes law and no longer the result of a legal battle.
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