repackaging of pre-packaged products

‘Amendments to the regulations on the repackaging of pre-packaged products’, concerning the amendment to Article 15-bis of the Consumer Code (Measures to combat commercial practices relating to the repackaging of pre-packaged products)

Article xx amends Legislative Decree No. 206/2005 (Consumer Code), amending Article 15-bis in order to regulate the phenomenon of the so-called ‘Shrinkflation’, i.e. the practice of producers to reduce the quantity of product inside the packaging, while keeping the price substantially unchanged or even increasing it, with the consequence of disorienting consumers who are faced with a price increase in a non-transparent manner.

A duty of disclosure is introduced for producers – including through wholesale distributors operating in Italy – to protect consumers regarding the actual quantity of product purchased and the actual cost incurred. This requirement must be met by sending retailers a standardised notice informing them that the pack contains a smaller quantity than the previous one. Retailers will be required to provide this information to consumers by displaying it in-store or making it available via their online sales channels.
It is also established that the obligation to provide information applies for a period of three months from the date on which the product is put up for sale in its reduced quantity. This requirement does not apply where the reduction in the nominal quantity results from a change in the product’s formulation that increases its yield or effectiveness, whilst maintaining the overall value for the consumer