The President of the Polish competition authority (UOKiK) has launched explanatory proceedings against major companies such as Danone, Mondelez, Nestlé, and Unilever. The investigation focuses on whether these companies are adequately informing consumers about reductions in product quantities or weights, especially when packaging remains unchanged.

This phenomenon, known as downsizing or shrinkflation, involves manufacturers reducing the weight or volume of products while keeping the price and packaging the same. A recent study commissioned by UOKiK in 2023 revealed that consumers most frequently reported downsizing in food products, particularly dairy and sweets.

Producers are required to provide information on packaging regarding the weight, volume, or number of items. If they decide to reduce the product size, they must indicate the new weight. However, regular consumers may not notice these changes, especially when the price and appearance of the packaging remain the same.

The President of UOKiK emphasized that any reduction in product quantity must be communicated honestly. If the packaging does not suggest changes, consumers may not notice the difference, leading to them effectively paying more for less product. This complicates price comparisons and undermines consumer trust.

Significantly, a recent ruling by the Court of Justice of the European Union (CJEU) confirmed that even if a product meets food law requirements, it can still be assessed for misleading practices under unfair market practices regulations.

The UOKiK will check whether companies clearly communicate reductions in product quantities and whether the appearance or design of packaging misleads consumers into thinking that the product size has not changed. If the presentation or communication of these changes misleads consumers, the UOKiK may take action against the companies.

Downsizing is not a new phenomenon, but the recent CJEU ruling has opened the door for evaluating such practices from a consumer protection perspective. Companies must clearly and transparently inform consumers about changes in product quantities to enable informed purchasing decisions.

This issue is not limited to Poland; other EU member states, including France, Hungary, and Austria, have already implemented or are developing specific solutions for informing consumers about product quantity reductions. Legal rulings regarding this phenomenon have also occurred in Austria and Germany. The investigations initiated by UOKiK will help verify the practices of these companies and determine if further actions are necessary.