Mondelez faces legal action over German Milka bar ‘shrinkflation’ claims

A key legal action has been launched by the Hamburg Consumer Advice Centre, as it files a case against Mondelez Deutschland over concerns its Milka chocolate bars were reduced in size without informing consumers sufficiently, reports Neill Barston.

The action, which the company has strongly objected to, has filed with the Bremen Regional Court, comes amid a notable period for the confectionery sector, with a number of major manufacturers reducing product volume amid significant rises in key cocoa and sugar ingredients.

Cocoa prices in particular hit a comparative high of $12,000 a tonne at the start of this year on New York Futures markets, but have since been pegged back to around $7,500 this month, which is still well over double prices being commanded just two years ago.

As the Hamburg Advice Centre explained, its action has centre on the claim that Milk chocolate bars have been shrunk from 100g of filling to 90g, without providing clear enough communication to customers.

“Many consumers have been buying Milka chocolate in the usual packaging for many years and assume that the filling quantity hasn’t changed. However, they are being deceived because several varieties now only contain 90 grams for the same or even higher price,” says Armin Valet of the Hamburg Consumer Advice Centre.

As the organisation added, it is only through a like-for-like comparison of the old and new bars is that its claim is apparent. It noted that the packaging and design are identical, the bar itself has become imperceptibly about one millimetre thinner.

It claimed this was a  “clear indication of the reduced content is missing,” with the quantity of product filling now printed in small letters on the front of the packs, which it argued could be easily overlooked or hidden amid dense sales cartons on a supermarket shelf.

“A tiny number printed on it, which is also hidden behind cardboard flaps, is not enough. Anyone offering fewer products in the same packaging must indicate this clearly and conspicuously,” explains consumer advocate Valet.

The justification of this demand was already demonstrated in the successful case brought by the Hamburg Consumer Advice Centre against the company Upfield. The provider had reduced the fill quantity of its Sanella product without adjusting the packaging. The court demanded a clearly visible explanatory notice about the changed fill quantity (judgment of the Hamburg Regional Court of February 13, 2024, case number 406 HKO 121/22).

We call on legislators to finally establish binding regulations on shrinking packaging contents,” says Valet. Manufacturers should be required to label products with reduced contents with a warning for at least six months. Furthermore, the package size must be reduced along with the contents.

“Companies like Mondelez repeatedly exploit this legal loophole. In recent years, we have received hundreds of complaints about the food company’s tricks. Milka products have been named ‘Misleading Packaging of the Month’ several times. Mondelez’s Tuc Bake Rolls were even voted ‘Misleading Packaging of the Year’ by consumers,” reports Valet on the latest case to emerge in the confectionery market.

In response to the case, regional reports have noted that Mondelez stated it has attempted to convey changes through social media and posted updates on its Milka bar website.