Hamburg files lawsuit against Milka for misleading packaging

The Hamburg Consumer Protection Agency is suing Milka manufacturer Mondelez over the reduced quantity of chocolate in its bars, claiming that there is no “clear indication” of the reduced quantity on the packaging. The agency announced on Monday that it had filed a lawsuit with the Bremen Regional Court. Armin Valet from the Consumer Protection Agency also called on lawmakers to “finally establish binding guidelines on shrinking package contents.”

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Mondelez had reduced the fill quantity of Milka brand chocolate bars from 100 grams to 90 grams - and at the same time increased the price in some cases. The company was heavily criticized for this, and the chocolate was voted “the most brazen advertising lie of the year” in a poll conducted by the consumer organization Foodwatch.

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In mid-July, Mondelez stated that cocoa prices and costs throughout the supply chain had risen massively. In order to remain competitive, the company had to take “well-considered measures.” The new weight of the bars is clearly indicated on the packaging, and consumers have also been informed on online networks.

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On Monday, however, the Hamburg Consumer Protection Agency criticized the lack of a clear indication of the reduction in content: the new nominal quantity of the product is only printed in small letters on the front of the packaging, is easy to overlook, and is often covered by the sales cartons on supermarket shelves. The packaging and design are identical, and the bar itself has become “imperceptibly thinner by around one millimeter.” This deceives consumers.

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Consumer advocate Valet emphasized: “Anyone who offers less product in the same packaging must indicate this clearly and conspicuously.” This demand is justified, as demonstrated by the successful lawsuit brought by the Hamburg Consumer Protection Agency against the company Upfield. According to the lawsuit, the supplier had reduced the fill quantity of its Sanella product without adjusting the packaging. The court demanded a clearly visible explanatory label last year.

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Valet demanded that manufacturers be required to label products with reduced fill quantities with a warning notice for at least six months. In addition, the package size must be reduced in line with the contents.

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