Price Indication Directive

• Ireland

• Consumer

08-12-2022

The European Union (Requirements to Indicate Product Prices) (Amendment) Regulations, 2022 (“Regulations”) came into effect on 28 November 2022. These Regulations are incorporating the updates by the European Commission to consumer protection law in the EU. It is part of the ‘Review of EU consumer law – New Deal for Consumers’.

Who do the Regulations apply to?

These new Regulations apply to all business who sell to EU consumers, including those offering goods via platforms. The Regulations apply whether you sell in-store or online.

These Regulations do not apply to intermediaries that only facilitate the means for a business to sell their goods, such as an online marketplace or intermediaries that only display information and compare prices such as a price comparison platform.

What are the obligations of Retailers?

1. show the ‘prior price’ of a product in the price reduction announcement;

2. base any reduction amount on the ‘prior price’,

3. ensure that the announcement is easily identifiable, clearly visible and easy for customers to read; and

4. where there are successive reductions in the price, the ‘prior price’ you show should be the lowest price before the first of the price reductions was applied.

What is the prior price?

The ‘prior price’ is the lowest price of a product during a period of no less than 30 days before applying a price reduction.

So how long does a product have to be at full price before it can be reduced or on ‘sale’?

The price of a product may be reduced at any time but the ‘prior price’ cited on the product must be the lowest price of the product in the previous 30 days.

Does the prior price change if the sale lasts for more than 30 days or there are further reductions?

No, the ‘prior price’ is the lowest price in the previous 30 days before the reduction was applied. Therefore, the ‘prior price’ remains the same once the reduced price is applied. If there are further reductions during the course of the sale, the ‘prior price’ will remain the same as when the first reduced price was applied.

Can a retailer just omit a prior price?

No, the retailer must state the ‘prior price’ in all price reduction announcements. A price reduction announcement is any promotional statement made by a seller outlining it that it has reduced prices for goods. However, this requirement does not apply to general statements such as “20% off everything” but individual items must have the ‘prior price’ displayed on it.

What happens if a business does not comply?

Businesses that do not comply are liable to an enforcement action by the Competition and Consumer Protection Commission including, but not limited to, a criminal prosecution and inclusion on the consumer protection list.

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