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Lidl Faces Substantial Fine for Misleading Whole Grain Claims in Hungary

Hungary's Competition Authority penalizes Lidl for inaccurately advertising bakery products as whole grain, leading to a hefty fine of 186 million HUF.
On October 24, 2023, Hungary's Competition Authority (Gazdasági Versenyhivatal, GVH) announced that Lidl Magyarország has been found to have misled consumers regarding the composition of several of its bakery products marketed as 'whole grain.' The authority revealed that the ingredients in question consisted of only 30-33% whole grain flour, contrary to consumer expectations created by the labeling and marketing of these products.

As a result, GVH imposed a fine of 186 million Hungarian forints (approximately €480,000) on the retailer, which operates around 200 stores nationwide.

The investigation was initiated in January 2024, after suspicions arose regarding four specific bakery items: whole grain nostalgia rolls, PurPur whole grain sticks, whole grain scones with seeds, and cocoa rolls made with whole grain flour and sweeteners.

The GVH determined that these products did not contain the minimum 50% whole grain flour required under Hungarian regulations for such claims.

The Competition Authority noted various aggravating factors leading to the fine, including the prolonged nature of the misleading practice, which lasted for several years and affected a broad spectrum of consumers.

Among them were vulnerable groups such as diabetics and individuals with insulin resistance, who may rely more heavily on product descriptions for dietary decisions.

In its statement, the GVH highlighted the importance of truthful communication in advertising, particularly with claims related to health benefits.

They emphasized that businesses must consider how consumers interpret their messages and cannot expect consumers to verify the accuracy of those claims independently.

In response to the GVH's ruling, Lidl Magyarország expressed its disagreement, stressing its commitment to responsible management of public health messaging and maintaining high-quality product offerings.

The company claimed that the supplier of the implicated products had contractually guaranteed the legality of the 'whole grain' label use.

Lidl stated that the whole grain content had been defined to retain taste quality, while noting that whole grain products in the market vary significantly in composition.

The company highlighted that only bread products are subject to specific legal requirements concerning whole grain flour content in Hungary.

The GVH's findings and the subsequent administrative action reflect heightened scrutiny in Europe regarding food labeling practices, particularly as consumers increasingly prioritize health-conscious choices amidst rising dietary awareness.
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