Amid numerous public criticisms regarding the recent practice of retailers offering prepackaged products for sale, ANPC adopted Order 539/2024 on consumer information when selling prepackaged products whose volume or weight has decreased. This order was published in the Official Gazette on September 10, 2024, and will come into force 30 days after its publication in the Official Gazette. The ANPC order contains rules on informing consumers about the sale of these products, whose quantity has been reduced while maintaining the same sale price. The phenomenon, which significantly disadvantages consumers, originates from the combination of the words “shrink” and “inflation,” consisting of the reduction of a product’s quantity by economic operators without changing its shelf price.
Consequently, the Authority has decided that it is necessary to counteract this practice by adopting Order 539/2024, with the aim of properly informing consumers so that they are not misled about the quantity of the product purchased. Essentially, the new regulation requires retailers to clearly and visibly display both the reduction in product quantity and the price per unit of measure. This obligation will allow consumers to purchase the desired product in full awareness and to easily compare the prices of the products offered for sale. Moreover, proper consumer information will also be required in situations where the quantity of the product has been reduced but the same sale price has been maintained.
In addition, the ANPC-adopted order seeks to ensure that this measure applies non-discriminatorily to all products, both food and non-food. Furthermore, economic operators in the supply chain are required to declare the period during which they intend to sell the reduced-quantity products.
Consumer information must be provided in the same visual field in a visible, legible form and with the same size, using the following phrases: “for the entire period of selling the modified quantity products” or “sale is valid while stocks last.” Also, the weight or volume indicated on the product packaging must correspond to the actual quantity inside.
However, it is important to note that the requirements established by the ANPC order will not apply to remote sales.
For clarity, an image has been attached to the order, showing the text that should appear on the label of the marketed product, namely:
These requirements serve as consumer protection measures both directly and indirectly against market dysfunctions, a situation that arises due to constant practices by retailers, perceived as unfair and misleading. Thus, upon the adoption and entry into force of the order, 30 days after its publication in the Official Gazette of Romania, retailers will be subject to sanctions for non-compliance with the new regulations.
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