Discounts in the supermarket often seem like bargains – but the rules are strict. Since 2022, retailers must indicate the lowest price of the last 30 days when offering discounts to prevent misleading comparison prices.
Pricing information must be clear and transparent
Whether online or in the supermarket: According to Section 3 of the Price Indication Ordinance, retailers must always indicate the total price. In addition, a basic price – for example per kilogram or liter – is mandatory if products are sold by weight, volume or number of units and the basic price is not identical to the total price, which can be concluded from Section 5 of the regulation. This makes it easier to compare prices and prevents hidden costs.
The 30-day best price rule: What has changed since 2022
Since an adjustment to the price information regulation in 2022, retailers must also state the lowest price that was valid in the 30 days before the discount for every price reduction. This so-called reference price is the basis for percentages or crossed-out “before” prices. Previously, retailers were able to increase prices at short notice in order to make the discount appear large – this practice is to be prevented by the rule described in Section 11 of the Price Information Ordinance.
Court rulings show clear limits
Several recent decisions show how strict the requirements are. In the dispute with Netto Marken-Discount, the Federal Court of Justice ruled that the 30-day best price must be stated clearly and visibly – a footnote is not enough.
Aldi Süd was also condemned after a brochure offer gave the impression of a deep discount, even though the lowest price in the last 30 days was below the advertised offer price. The European Court of Justice made it clear that when prices are reduced, retailers such as Aldi Süd must always clearly indicate the lowest price of the last 30 days as a reference in order not to mislead consumers.
RRP as a comparison value: when it is permissible
Many dealers advertise with the manufacturer’s recommended retail price (RRP) instead of previous prices. This is allowed – as long as it doesn’t give the impression that it is a real discount. If the RRP is crossed out or combined with percentages, it is automatically considered the “before” price. In this case, the actual 30-day best price must be stated again. Customers should be particularly careful when it comes to electronics or household goods, as RRPs are often significantly higher than the market price. According to the Competition Center, the RRP is only permissible if it serves as a realistic guideline and is not regularly undercut by companies close to the manufacturer.
What customers should pay attention to when making offers
It’s worth taking a closer look at brochure offers and online discounts. The crossed-out price must correspond to the cheapest price in the last 30 days. Unclear references or hidden footnotes are not permitted. When it comes to RRP discounts, consumers should check whether the price is in line with the market or just seems artificially high.
Anyone who has doubts about an advertising campaign can contact a consumer advice center or report the case – recent court rulings show that violations are always successfully warned against.
Editorial team finanzen.net
Image sources: Lisa S. / Shutterstock.com, Hadrian / Shutterstock.com
