In recent years, the issue of dual quality of food has been a frequently discussed topic, capturing the attention of not only consumers and the media but also European institutions. While the Czech Agriculture and Food Inspection Authority (SZPI) has released current information on this issue based on past inspections, Slovakia introduced stricter regulations in mid-2024, with the first inspections announced only recently. What approaches do the individual countries take towards inspections? And what are the implications for both manufacturers and consumers?
CURRENT DEVELOPMENTS IN THE CZECH REPUBLIC:
How are suspect products identified?
Since the prohibition of dual quality food products came into effect in the Czech Republic in 2021 (of which we informed HERE) the State Agricultural and Food Inspection Authority (SZPI) conducted extensive monitoring across the country and other EU member states until 2023. The aim of these investigations was to identify products that might violate the dual quality prohibition. The selection included approximately 150 food samples from various categories, ranging from dairy products and confectionery to durable products from both well-known and private brands.
During the monitoring, inspectors evaluated several aspects, such as packaging appearance, differences in composition, sensory properties, and how consumers were informed about any differences.
The results of these analyses served as the basis for subsequent official inspections.
What is the status of official inspections?
Based on the monitoring results and consumer reports, eight inspections have been initiated since 2022, focusing on significant differences in the composition or properties of food products sold in the Czech Republic compared to reference products from other EU member states.
As of April 2024, a violation of the dual quality prohibition was confirmed in only one case. This involved differences in the vegetable oils used (the product from Germany and Austria contained sunflower oil, while the Czech sample contained palm oil).
How are manufacturers practically responding?
Over the last three years, the issue of dual food quality has moved forward significantly. The key trends are:
- Harmonising recipes across the EU: This approach is considered the most desirable and contributes to higher consumer trust.
- Packaging adjustments: Many manufacturers have altered product appearances to help consumers clearly distinguish between products (changes in colours, fonts, images, or even product names).
- Regional adaptation: Some manufacturers introduce products with different flavours or variants to various markets (e.g., tomato and garlic-flavoured crackers in Austria, while only spinach flavour is available in the Czech Republic).
CURRENT DEVELOPMENTS IN SLOVAKIA:
Prohibition of dual quality directly in the law
In Slovakia, addressing dual quality goods has long been challenging due to the lack of legal support.
However, as of 1 July 2024, new consumer legislation came into effect (of which we informed HERE), introducing a new unfair commercial practice. Under this legislation, the trader engages in a deceptive practice if:
- they present goods as identical to those marketed in another EU member state, while
- these goods have different properties or composition.
The new regulation also specifies exemptions, namely:
- The difference must be substantial. It is not enough for the assessed goods to have a different composition; the difference must be significant. Therefore, the substitution of a minor ingredient of food should not immediately be considered a prohibited practice;
- Even a substantial difference can be justified. If the goods differ in a significant component or property, the trader can justify this difference with objective and legitimate factors. Such factors include differences arising from local legal requirements (e.g., a specific amount of fruit juice required for a product to be called fruit nectar).
Unlike the Czech Republic, Slovakia lacks specific regulations addressing this deceptive practice in food products. Therefore, any potential dual quality of food is assessed solely under general consumer regulation.
Another potentially interesting deviation from Czech regulations is that while Czech law penalizes the introduction of food products with dual quality characteristics, Slovak law explicitly considers only the marketing of goods with prohibited dual quality characteristics as an unfair practice. Given the recent implementation of Slovak legislation, it is uncertain how supervisory authorities will deal with this seemingly unintended narrowing of the prohibited practice.
What happens if the trader violates the prohibition?
If the prohibition is violated, the trader will face sanctions from the supervisory authority and potential claims from consumers.
In such cases, the supervisory authority may impose a fine of up to EUR 200,000.
Additionally, consumers may demand contract withdrawal, the right to remedy, and compensation for damage.
Have inspections already started in Slovakia?
Unlike SZPI’s activities, it is unclear whether regional food administration authorities in Slovakia have already started inspections, and any results of such inspections are not publicly known.
However, it is certain that the food administration authority intends to conduct them. This is evidenced by an announcement on the food administration authority’s website, urging consumers to participate in identifying dual quality and to report any suspected differences in quality via a form.
Given that ŠVPS[1] has issued only one methodological guideline for inspections (while SZPI in the Czech Republic already has the 5th version of its methodology available HERE), which primarily refers to general EU recommendations, it is uncertain how the inspections will be conducted.
The guideline suggests that when assessing this unfair commercial practice, the key factors will be:
- whether the differences between identically labelled goods are clearly recognizable to consumers;
- whether consumers have genuine access to essential information about the differences;
- how the trader justifies the differences.
Therefore, it is crucial to be prepared for inspections and to consider the prevention of misleading food labelling when designing packaging, labelling, or marketing food products.
Although regulations have tightened and inspections continue, the issue of dual quality is far from resolved. Supervisory authorities will keep monitoring the market and enforcing compliance, which means greater protection for consumers and higher demands on manufacturers.
At HAVEL & PARTNERS, we are ready to assist you with assessing appropriate food labelling, proper communication about food quality, and handling inspections. Feel free to contact us!
- [1] – State Veterinary and Food Administration of the Slovak Republic
