Consumers must be informed in case of change in product quantity

In a scenario of high inflation, with the prices of various products rising from month to month, some consumers may notice cases where the quantity of a product in a package has decreased, but its price has not.

The practice itself is not illegal and, according to Juliana Inhasz, a professor at Insper, it is common in contexts of economic crisis. She claims that the companies themselves have been facing higher production costs, either because of the need to import chain components, with the dollar on the rise, due to the rise in prices of commodities or by the discharge in electricity bill.

“The companies’ strategy is, instead of maintaining the quantity and increasing the price, to reduce the quantity in order to maintain the price”, he says.

In general, research indicates that consumers care more about the amount paid than the amount, especially when the variance is small.

Despite that, companies are required to follow some rules in these cases., and should inform consumers about the changes.

The rules

O Procon informed that companies must follow the norms of ordinance No. 81, published in 2002 by the Justice ministry.

It establishes that, in case of change in the quantity sold in a package, the changes must be informed on the package itself for a minimum period of three months.

The document states that “any changes in the quantities of products on the packaging, without prior and ostensible information, may induce it [o consumidor] to error”.

The 2002 ordinance, however, will cease to exist as of April 2022. The reason is that it will be replaced by a new ministry ordinance, nº 392, published on September 29th.

The main change is that companies will now need to keep information on packaging for six months instead of three. The two ordinances establish that it must be informed:

• Carrying out the change in product quantity or packaging size;
• The amount of product before the change;
• The amount after the change;
• The variation, in absolute and percentage terms, of the amount of product added or reduced

The new ordinance establishes that the information on the packaging must be in capital letters and bold, with a contrasting color in relation to the label and with a minimum height of 2 mm. Furthermore, the information cannot be in regions that are difficult to see.

Procon also claims that suppliers headquartered in the state of São Paulo must follow the State Law 11.078/02, of April 4, 2002. It determines that the changes in quantities must be reported to the Institute of Weights and Measures of the State of São Paulo (Ipem).

In addition, the packaging must have the messages “this product has been reduced in weight” or “this product has been reduced in size”. They need to occupy at least 20% of the package size, written in black letters and with a yellow background.

According to Procon, consumers who buy products that do not follow these provisions have the right to exchange them for another product, or ask for a refund of the amount paid in cash. Companies can be fined in case of non-compliance.

The possibility of dialogue

Luciano Benetti Timm, lawyer and professor at Fundação Getúlio Vargas (FGV), states that the Consumer Protection Code establishes the right to information as a fundamental right. Furthermore, it contains the principles of good faith and transparency.

“It is not completely transparent to maintain price and reduce quantity. I would recommend that companies carry out awareness campaigns for consumers, and those who feel aggrieved, seek customer service channels [Serviço de Atendimento ao Cidadão]”, he says.

The professor believes that these service channels have become more efficient in recent years in resolving complaints. According to him, that it is part of a movement to increase dialogue between businesses and consumers.

If the dialogue does not solve the problem, he recommends contacting the company through the consumer.gov.br platform. If, even so, the issue persists, it is possible to file lawsuits, but, in general, it is a “last resort”.

“The more competitive the market, the more companies are willing to take actions to secure consumers, and access channels become more common,” he says. In that sense, it’s easier to get deals, like getting an extra product or money back.

About the ordinances, he says that the new publication appears to be consistent with the right to information of consumers, provided for in the CDC.

In general, the penalties provided for are fines, but the money goes to the State. Only in rare cases is a company forced to reverse a practice such as changing quantity. Therefore, Timm says that “the biggest punishment will always be to change the brand”.

Alternatives

For Juliana Inhasz, the consumer has, in general, few alternatives today in a scenario of rising prices, since most of the actions to cut expenses and switch to cheaper brands have already been done.

Even so, she advises that consumers always do price research, and seek to understand if the difference is due to a reduction in quantity. “In these cases, the product can last less and then you have to buy another one sooner. It’s a monetary illusion, pay less by buying less”, he says.

In addition to the survey between establishments, it is valid to conduct a survey between brands, as there may be variation in the amount between them.

“Switching from a more expensive brand to a cheaper one is an alternative for those who can, but a lot of people have already switched in recent times, they can no longer do that. For these cases, the most difficult, it is necessary to try to avoid waste, buy only what you need”, he says.

Another possibility, according to the teacher, is to try to buy in large quantities, in the so-called wholesalers. In these cases, the ideal is to unite with other people and families, dividing the quantities purchased and the prices, which reduces the expense.

The professor also advises that consumers keep an eye on the validity of the products. A common practice is that products close to expiration are sold at lower prices. In these cases, buying large quantities is negative, as they can spoil before being consumed.

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