Milka maker appeals ruling in German chocolate bar shrinkflation case

The shrinkflation court case involving Milka chocolate bars is set for another round in Germany after an appeal by manufacturer Mondelez International.

The Hanseatic Higher Regional Court in the northern city of Bremen is to hear the appeal, a spokesman said on Wednesday, after a lower court ruled last month that Milka's new 90-gram bars breach competition law. 

Milka is one of Europe’s best-known chocolate brands. Its owner, US-based snack maker Mondelez, which has its German headquarters in Bremen, recently reduced the weight of many Milka varieties from 100 grams to 90 grams while making only minimal changes to the packaging.

It was subsequently the subject of a legal complaint led by a consumer protection agency, which said the new bar is only about 1 millimetre thinner with almost identical packaging.

Mondelez rejected the criticism, saying the new weight is clearly stated on both the front and back of 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 decision has no immediate practical consequences, as the four-month transition window following the packaging change has already expired.

However, 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.