05/28/2022: The day the balances change – here you can find out how promotions work

The government is calling for changes with the need to protect consumers more effectively and ensure that promotions are ‘effectively real’ and ‘clear’

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From May 28, 2022, commercial enterprises and economic operators are required to comply with the new rules regarding sales or promotional practices. The price of a particular product for sale must be less than the price charged in the 30 days prior to its installation, even if those days already include Sales or promotion periodss – “regardless of the means of communication” by which the cost reduction is announced. In addition, the “lowest pre-charged price” offer which served as a reference for the promotion in question becomes mandatory.

Exceptions are expected in the case of perishable agricultural and food products, as well as “products four weeks before their expiration date”. In either case, the price reduction must have a reference “lowest price executed in the last 15 consecutive days that was on sale” or, if lower, “during the total period of public availability”. This is a system that allows, from the government’s point of view, to “reduce the incidence of food waste”.

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This is stipulated in decree for me It was published on Friday in Diário da República which partly conveys EU directives on consumer protection. The testimony excludes, however, the question of penalties associated with the new rules, since this decision is “included in the legislative reserve of powers of the Council of the Republic”, which was melted Until the fifth of December.

Another change stipulated by the Decree-Law relates to comparisons with reference prices which must be “real” and “clear”. The certification thus expresses the prohibition of using different units of measure and making comparisons of products under different conditions, whereby economic operators are prohibited from comparing, for example, a product sold in packages (“packages”) with the same product sold in units.

Rules marketing Products that were introduced to the market for the first time. In these cases, at the end of the promotion period for the product in question, economic operators must prove that the new price is “actually charged for a reasonable period within the three months following the promotion.”

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The certification also enshrines a “wider concept” of the product concept, which now includes not only goods and services, but also digital content and services. Thus, the government considers this to be an adaptation to “new requirements to protect consumers from unfair practices, in particular those related to digital reality.”