Deceptive scheme targeting consumers named Tara. - Was the packaging charged for a second time?
The Münster Higher Administrative Court had a discussion about liver sausage last Friday - are the pellet and metal clip part of the product or the packaging? If they're considered part of the product, you have to pay for them, but if they're considered part of the packaging, you don't. It seemed that an EU regulation from 1976 had settled that the pellet and clips on sausages were part of the product.
However, the Weights and Measures Office responsible for the Warendorf district brought up a newer regulation on food information that came into force in 2014 and banned the sale of a liver sausage containing pellets and clips as part of the product weight. The Administrative Court sided with the Weights and Measures Office, but allowed an appeal because of the "fundamental importance" of the issue.
In general, only the product's cost, not the packaging
Most people probably don't mind paying for sausage casing. Few people are aware of the rules in the food industry regarding the concept of "the tare," which refers to the weight of the packaging. The general rule is that only the product's weight should be paid for, not the packaging.
This rule has been around for a long time. The word "tare" comes from the Arabic "taraha," meaning "to remove." It was introduced into German through Italian in the 14th century.
Complaints used to be more common
In the past, there were a lot of complaints to consumer advice centers about packaging being included in the weight at the market, making customers pay more. This could add up to 50 cents or more, especially for high-quality products like Parma ham or prawns.
With the rise of supermarkets, pre-packaged goods became popular, and manufacturers followed the rules, reducing complaints. "It was mostly older people who cared," Armin Valet from the Hamburg consumer advice center said to stern. "The younger ones didn't." People's knowledge of the tare rules might have faded somewhat.
But the issue has come back with increased environmental awareness. More customers bring their own packaging, and supermarkets offer reusable nets for fruit and vegetables. The cashiers seem to be struggling with the various bags, sacks, and nets. The Baden-Württemberg consumer advice center conducted 16 test purchases with reusable nets and found that more than half of the time, test customers were overcharged.
A cotton net for fruit weighs 56 grams
The new reusable bags are heavier than the plastic bags. A cotton net that the consumer protectors bought in the store during their test weighed an astounding 56 grams. If only the usual two grams of tare for the plastic bag are deducted, this is a significant difference. With expensive organic fruit, you could easily end up paying one euro too much. It can be confusing for customers to understand this since most stores don't show the tare on the receipt.
However, there hasn't been much fuss over this issue. In two of the test purchases by the Baden-Württemberg consumer advice center, the stores undercharged. And at self-checkout, there are often too many options for tare amounts, making it overwhelming for customers. The BVLH trade association also mentioned that they strictly follow the calibration law and subtract a larger amount if it's not clear how much the package weighs.
Retail: no problem with the packaging rule
The food trade association, BVLH, says there's no problem with the tare rules. "We strictly adhere to the calibration law," said association lawyer Axel Haentjes. "If it's not clear whether a package weighs two grams or four grams, then we simply subtract four grams from the weight."
So what's the solution? When shopping, consumers should ensure that the "tare" button is pressed at the checkout when weighing. If you can't find the correct tare weight on the self-checkout, it's best to weigh without the bag. Ultimately, you only have to pay for the product, not the packaging - unless the North Rhine-Westphalian Weights and Measures Office takes the matter to the Federal Administrative Court, which might rule differently from Münster.
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Source: www.stern.de
