German court backs consumers in Milka chocolate bar shrinkflation case

A German court ruled on Wednesday that new Milka chocolate bars with reduced weight breach competition law and may not be marketed in their current form, siding with a lawsuit filed by a consumer protection agency.

The regional court in Bremen said manufacturer Mondelez International had reduced the weight of many Milka varieties from 100 grams to 90 grams while making only minimal changes to the packaging.

Judges ruled that the 90-gram bars may not be sold in the same packaging if 100-gram versions had been offered in the preceding four months. The ruling is not yet final and can still be appealed.

However, the court said the decision has no immediate practical consequences, as the four-month transition window following the packaging change has already expired.

There is therefore no obligation to alter products already on store shelves, a court spokesman told dpa.

Still, the ruling carries significance for future cases and is likely to add to scrutiny of so-called “shrinkflation,” where manufacturers reduce product sizes without clearly signalling the change to consumers.

“We take note of and take seriously today’s court decision and are now examining the court’s reasoning in detail,” Mondelez stated following the decision in response to an enquiry from dpa. 

“Regardless of this, we will continue to work on ensuring our communication is clear. Our aim has been and remains to communicate transparently, comprehensively and responsibly with everyone who buys and enjoys our products.”

During a hearing three weeks ago, the court had already indicated that consumers could be misled by the new packaging. “This is a form of deceptive packaging,” the presiding judge said at the time. “The consumer cannot tell the difference.”

The Hamburg consumer protection agency argued the smaller size was not apparent, as the new bar is only about 1 millimetre thinner and the packaging design remains almost identical. 

Milka is one of Europe’s best-known chocolate brands. Its owner, US-based snack maker Mondelez, which has its German headquarters in the northern city of Bremen, rejected the criticism, saying the weight is clearly stated on both the front and back of the packaging.