Price marking with consequences: Higher Regional Court (OLG) Nuremberg prohibits unclear "−30%" labelling on perishable cheese

The Higher Regional Court (OLG) Nuremberg has delivered an important ruling on the price marking of highly perishable foodstuffs. In particular focus: red discount stickers on cheese packages. The decision demonstrates what requirements retailers in the retail trade must fulfil in order to act in a legally compliant manner – and when consumer deception looms.

In its judgment of 05.08.2025 (Az. 3 U 2376/24) the OLG Nuremberg decided central questions concerning competition law and price indication law in the food retail trade. The focus was on the practice of a discounter labelling cheese products with a simple red sticker ("−30%") without any further indication of the reason for the price reduction. The subject matter of the dispute was furthermore the different presentation of price information on shelves, in particular for products with varying weights.

The case

A consumer protection association had brought an action against one of Germany's largest discounters. The complaint concerned in particular the manner of price marking of pre-packaged cheese.

Two points were at the centre of the dispute:

• Labelling of reduced goods with a percentage sticker without further information regarding the reason for the reduction.
• Different shelf price labels for cheese products with and without uniform weight, which displayed either the total price or a price per 100 grams in an eye-catching manner.

Whereas the Regional Court (LG) Amberg had initially dismissed the action, the OLG Nuremberg ruled in favour of the claimant association on a central point: mere reference to a price reduction without stating the concrete reason, for example impending expiry of the best-before date, does not satisfy the requirements of the Price Indication Ordinance (PAngV).

Ruling: Information obligations must be fulfilled

The court clarified: for perishable goods such as cheese, the price of which is reduced due to imminent spoilage, a percentage discount sticker ("−30%") is not sufficient. It must be apparent to the consumer why the product is being offered at a lower price. This concretely means: the reason – such as "Due to short shelf life" – must be made clear.

The underlying provisions, in particular § 9 Abs. 1 Nr. 3 and § 11 Abs. 4 Nr. 2 PAngV, exempt traders only from the obligation to state the new total or basic price if clear and explicit reference is made to impending spoilage. The legislature thereby seeks to ensure that consumers can make a conscious decision as to whether they wish to purchase a product that is about to expire – or prefer to opt for the fresh alternative.

Price indication must be transparent

As regards the shelf price labels, the court ruled in favour of the retailer. The criticism that different price formats (100g price versus total price) would be confusing was rejected by the OLG. It is permissible under law to label cheese with varying weight with a 100g reference price, provided that:

• the consumer can identify the actual price on the packaging, and
• clear notes such as "Price see packaging" are displayed on the shelf.

The judges emphasised: no misleading conduct occurs automatically merely because different price presentations appear next to one another on the shelf. What is decisive is whether the average consumer can clearly and without calculation perceive the price information, which was the case here.

Significance for retail

The ruling makes clear that retail enterprises must exercise particular care with price reductions on perishable goods. A mere discount sticker is not sufficient. Those who wish to avoid the obligation to state a new total or basic price must provide a concrete notice of impending spoilage. This can be done, for example, through imprints such as "Reduced due to short shelf life" or "Clearance due to soon expiring best-before date". Alternatively, notices may also be affixed to shelf labels or special displays. What is important is the clear, unambiguous information.

Conclusion: Clear price marking protects against warnings

The OLG Nuremberg has in its ruling set clear standards for price marking in the food retail trade. It is not sufficient to indicate price reductions by percentage figures alone. The reasons, in particular in the case of perishability, must be communicated in a comprehensible manner.

For retailers this means:

• Ensure transparent price marking, especially for reduced goods.
• Use clear notices stating the reason for the price reduction, in order to avoid fines and cease-and-desist letters.
• For products with varying weight a 100g price may be permissible, but only with an additional price statement on the packaging.

Our law firm AVANTCORE has comprehensive expertise in competition law and advises retail enterprises throughout Germany on the legally compliant design of their price marking. Should you wish to review your price labels or avoid future legal risks, we are happy to assist you.