Obligation to inform in connection with price discount campaigns
If the goods are marketed at a discount or reduced price, the marketing must also indicate the lowest sales price of the goods during the 30 days preceding the price reduction.
The lowest price must be indicated in the context of expressions describing a price reduction, e.g. in sales, clearance sales, marketing offers whether the price or price reduction of the goods is expressed in euros, or as a percentage, in words or numerically. The obligation therefore applies if the discount is a measurable price reduction, such as -50 %, or a statement that creates the impression of a price reduction, for example in the case of campaign offers. Obligation to inform the lowest price does not apply to campaigns targeted to loyal customer if certain preconditions are met.
If, in a continuous marketing campaign lasting 60 days or less, the price reduction is progressively increased, the lowest price at which the goods have been marketed during the 30 days preceding the first price reduction may be indicated as the lowest price. If the marketing campaign lasts longer than 60 days, the 30-day principal rule applies.
If the goods are not identified in the price reduction notice (e.g. a newspaper advertisement) and the price reduction is for a wider range of unidentified goods, the lowest price need not be indicated in the advertisement. Furthermore, the obligation to indicate the lowest price does not prevent mere price variations or price reductions if there is no accompanying indication of a price discount. Nor does the obligation to inform the lowest price apply to quick-perishable food products.