Lawsuit legally binding

Iglo must put more salmon in packaging again

Less salmon, at the same price and in the same packaging: That will be forbidden in future, say the courts.(Bild: APA/HANS KLAUS TECHT)

It is a legally binding judgment with a political signal effect: The Association for Consumer Information (VKI) has filed a lawsuit against Iglo Austria GmbH under the Unfair Competition Act (UWG) as part of the lawsuit work contract with the Ministry of Social Affairs - and has been legally upheld. Prior to this, the manufacturer had already increased the filling quantity again.

Less content for the same price - this is now a bitter reality in the food trade. Under the joint leadership of the Ministry of Social Affairs and the Ministry of Economic Affairs, the federal government has announced a law against this so-called "shrinkflation" as well as priority controls in the food trade. A corresponding bill is to be drafted this year, but a first partial success in the fight against "cheat packaging" has already been achieved.

30 grams less in the pack
Together with the Ministry of Social Affairs, the Association for Consumer Information (VKI) filed a lawsuit against Iglo Austria GmbH under the Unfair Competition Act (UWG) back in 2024 - and was successful.

Less salmon, at the same price and in the same packaging: This is prohibited in future, say the courts.(Bild: APA/HANS KLAUS TECHT)

The background: the net filling quantity of "Iglo Atlantik Lachs", for example, was reduced from 250 to 220 grams of salmon without the packaging size or price being adjusted. Only the inconspicuous filling quantity information at the bottom left of the front was changed. The result: a hidden price increase - i.e. shrinkflation.

Consumers are being deceived
The courts came to the conclusion that the practice violated the prohibition on misleading consumers under the Unfair Competition Act. According to the courts, consumers are deceived because they assume that the filling quantity remains the same and it only becomes apparent when the pack is opened that there is less inside. The mere indication of the new filling quantity (220 g instead of 250 g) is not enough to prevent the deception. The basic price label on the shelf is also not sufficient, as consumers cannot reasonably be expected to memorize the basic prices of different products.

For example, the net filling quantity of "Iglo Atlantik Lachs" was reduced from 250 to 220 grams of salmon without the packaging size or price being adjusted.(Bild: stock.adobe.com)

As the "Krone" and "ORF" learned, the Supreme Court's ruling has now been legally binding since September 10. The company has increased the filling quantity back to 250 grams. The 220 gram packs were last delivered on July 11, 2025. This is the first Supreme Court ruling on shrinkflation in Austria - a legal and political milestone.

The judgments

• The Vienna Commercial Court upheld the claim at first instance on October 9, 2024 (43 Cg 23/24s).
• The Vienna Higher Regional Court confirmed the decision on 24.6.2025 (4 R 197/24f).
• The judgment has been legally binding since 10.9.2025 because Iglo has waived its right to appeal to the Supreme Court.

"The ruling has far-reaching significance beyond the individual case: it confirms that shrinkflation is not only annoying, but also unlawful. In future, the following will apply: a reduction in content with the same presentation can be considered deception," explains the responsible SPÖ State Secretary Ulrike Königsberger-Ludwig to the "Krone" and the "ORF". It is clear to the SPÖ politician:

• In future, supermarkets should clearly label shrinkflation - with clearly visible notices on the shelf or product.

• The reduced filling quantity and the resulting price increase should be explicitly indicated.
• Possibilities of circumvention should be prevented in practice.

• Compliance is to be ensured through official inspections and administrative penalties.

"This also makes it clear that politicians must act. The Ministry of Economic Affairs will now draw up a draft law and I look forward to the joint negotiations so that we can reach a solution quickly," Königsberger-Ludwig concluded.