Mondelēz Milka shrinkflation court ruling overview
- German court finds Mondelēz guilty over Milka shrinkflation packaging deception
- Milka bars reduced from 100g to 90g with unchanged packaging
- Court says size label change alone insufficient to prevent consumer confusion
- Ruling highlights expectations for clearer notices when familiar products shrink
- Shrinkflation driven by cocoa price rises remains widespread across confectionery industry
Mondelēz International has been found guilty. But of what, exactly?
The case relates to shrinkflation. The US-based confectionery and snacking giant was found by the Regional Court of Bremen in Germany to have reduced the size of its Milka bar from 100g to 90g without significantly changing the packaging.
The case stemmed from a lawsuit by the Consumer Advice Center Hamburg (Verbraucherzentrale Hamburg), the city’s consumer protection office, against Mondelēz.
The court ruled that using packaging that has been familiar to consumers for years clashes with the product’s actual weight, which was reduced last year.
The width and length of the bar remained the same, as did the design. The only change that was made was the size indication, which changed from ‘100g’ to ‘90g’.
The court argued that this change was not enough to avoid deception, as the consumer, already being familiar with the product, was extremely unlikely to recheck the size.
The Consumer Advice Center Hamburg suggests that consumers should not be expected to examine the packaging for signs that the size has been reduced, pointing out that quantity information is often obscured by other products on shelf.
According to the court, a clearly visible notice should have been included on the packaging to avoid confusion.
The ruling is not yet legally binding.
“We take note of the court ruling and take it seriously; we will now examine the court’s reasoning in detail,” says a spokesperson for Mondelēz International.
“Our aim has always been, and remains, to communicate transparently, comprehensively, and responsibly with everyone who buys and enjoys our products. The trust of our consumers in our brand and our products is our greatest priority.”
This is not the first time shrinkflation has been associated with the snacking giant. In 2016, the number of segments in its Toblerone bars were significantly reduced in the UK, the result of which was colloquially labelled “the Brexit Toblerone” (even though Brexit was not necessarily to blame for size reductions).
Shrinkflation and the cocoa crisis
Manufacturers are often driven to reduce product sizes due to the price of raw materials.
Raw material costs have long been a significant problem for confectionery companies, especially since 2024 when the cocoa crisis really escalated.
Some companies, including Mondelēz itself, are looking towards cultivated cocoa as a potential solution.
Yet the reduction of pack sizes, which does not rely on nascent technology and is comparatively easy to do, is often a go-to solution.
