The Consumer Information Association filed a lawsuit against the Viennese traditional companies on behalf of the Ministry of Social Affairs.
The Commercial Court (HG) in Vienna ordered Josef Manner & Comp. PLC condemnation because “Mozart Minion Chips” have too little content and too much air in the mixing bag. Share it Consumer Information Association (VKI) on Monday via broadcast, which filed a lawsuit against Maner on behalf of the Ministry of Social Affairs. The Vienna Commercial Court confirmed the legal opinion of VKI and ruled the packaging of the “Manner Mozart Mignon” shaker bag as misleading.
However, the ruling is not final. In procedures before HG, “Original Neapolitaner”, “Hazelnut Mignon” and “Mozart Mignon” products in shaker bags were compared. The bags of the three products are of the same size and are served near the shelves. However, there are differences in the amount of filling: while the packages of “Original Neapolitaner” and “Hazelnut Mignon” are filled with 400 grams, “Mozart Mignon” contains 100 grams less.
“Mozart’s chips have a filling level of less than 40 percent,” VKI’s responsible attorney, Verena Grobner, criticized. Consumers must be able to trust that the packaging is not oversized. The misleading packaging of ‘Mozart Mignon Wafers’ is particularly dangerous because the product is presented closely with similar products – which simply have a different flavor. Consumers assume that similar products are of the same package size. They are equally packaged,” Grobner said.
According to VKI, the Vienna Commercial Court ruled that packages of Mozart chips were clearly misleading: consumers would not expect packages of “Mozart Minion chips” to contain only 300 grams. Even indicating the net packing amount on all sides of the package cannot prevent misinformation. VKI confirmed that a large number of customers do not notice the packing weight. “Consumers can basically assume that the same amount is in packages of the same size,” she said on the broadcast.
“Entrepreneurs like to justify their deceptive packaging with the excuse of technical necessity,” Grubbner said. “Manner also argued in the procedures that special edge sealing is required so that the Mozart product does not swell and can remain stable.” “But this argument was easy to refute, because after all, Manner’s Mignon Wafers nut chips can also be filled with 400 grams.”
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