Since May 28, 2022 as part of promotions, the crossed-out reference price must be equal to the lowest amount practiced during the last 30 days. This new European directive thus puts an end to a misleading practice that has been running since 2015.
Good news for consumers, bad for retailers. From now on, finding promotions and other good deals on products sold on the Internet, but also in stores, should be much easier. The French should no longer have to rummage through the history of reductions, nor to look for the last price charged by the brand. Because very often, the signs display a reduction, for example of 200 €, but taking as a reference the price of the product when it comes out. However, this tariff is often no longer valid, and it is not uncommon for the effective reduction to be much lower. Thus, the crossed-out price of a product could amount to €500 when it was sold a few weeks earlier against €400 excluding promotions.
This change in policy is due to the new European directive 2019/2161, which entered into force in French law on May 28 (article L112-1-1 of the Consumer Code). According to this directive, the “previous price corresponds to the lowest price charged by the trader to all consumers during the last 30 days preceding the application of the price reduction”. In concrete terms, retailers that do not display the latest price charged by the brand will be liable to two years’ imprisonment and a fine of €300,000 for deceptive commercial practices. Compliance with this directive is entrusted to the fraud prevention authority (DGCCRF).
This is nothing new. The 30-day rule applied in France until 2015 and for almost 40 years, before another European directive created legal uncertainty on the subject. This had given rise to a battle between Cdiscount and the French legislator. Battle won at the time by the online site before the Court of Justice of the European Union, which considered that European law did not oblige Cdiscount to anything and allowed the display of crossed out prices based on the launch price some products.
LSA Conso notes that only perishable products threatened with rapid spoilage will not have to apply these principles. This also applies to new arrivals that have been on sale for less than 30 days.