Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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685. To ask the Minister for Enterprise, Trade and Employment if he will assess adopting France’s shrinkflation disclosure model; and report to the Oireachtas on options to require in-store notices for at least two months after a content reduction that raises unit price. [45702/25]

Peter Burke (Longford-Westmeath, Fine Gael)
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Thank you for your question regarding the potential adoption of France’s shrinkflation disclosure model and the possibility of requiring in-store notices for at least two months following a reduction in product content that results in an increased unit price.

I understand that several EU Member States have taken steps to address shrinkflation, and that others are actively considering similar measures. France’s approach, which requires retailers to inform consumers when a product’s size is reduced without a corresponding price decrease, is one such example. However, I also understand that EU law places limits on the extent to which individual Member States can act in this area.

Directive 98/6/EC on price indication allows Member States to adopt more favourable provisions for consumer information, but these must be consistent with broader EU obligations. I am aware that the European Commission has opened infringement proceedings against Italy for introducing mandatory shrinkflation labelling, citing concerns about proportionality and the potential impact on the free movement of goods within the Single Market.

There is a risk that unilateral national measures could lead to fragmentation of the Single Market. I understand that the European Commission is considering options under the ‘farm-to-fork’ strategy that may include proposals to strengthen the EU framework on consumer information and food labelling. The European Court of Auditors has also encouraged the Commission to review the existing legal framework and address any gaps that may affect the clarity, consistency, or effectiveness of consumer information rules.

These developments may present an opportunity to explore a harmonised EU-wide approach to shrinkflation labelling—one that balances consumer protection with the integrity of the Single Market. My Officials will continue to monitor these EU-level discussions closely and engage with the Competition and Consumer Protection Commission and other stakeholders to assess appropriate options.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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686. To ask the Minister for Enterprise, Trade and Employment his plans to increase maximum penalties and resourcing for Competition and Consumer Protection Commission to police unit pricing and pricing promotions following the 2024 prosecutions; and to provide timelines for any legislative changes. [45703/25]

Peter Burke (Longford-Westmeath, Fine Gael)
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I would like to thank the Deputy for raising this important question.

My department acknowledges the importance of strong enforcement in protecting consumers and ensuring fair market practices. The prosecutions undertaken by the Competition and Consumer Protection Commission (CCPC) in 2024 for breaches of pricing regulations—particularly in relation to unit pricing and promotional transparency—highlight the need for continued vigilance and legislative support.

The Price Indication Directive (PID), as implemented through the European Union (Requirements to Indicate Product Prices) Regulations 2022, has already demonstrated its effectiveness in enhancing price transparency. The requirement to display the ‘prior price’—the lowest price in the preceding 30 days—has curbed misleading discounting practices and empowered consumers to make informed purchasing decisions. Enforcement of these provisions has led to improved compliance and successful prosecutions.

The Competition (Amendment) Act 2022, which transposed the ECN+ Directive into Irish law, introduced significant reforms to Ireland’s competition enforcement framework. These include the ability to impose civil fines of up to €10 million or 10% of global turnover, and criminal fines of up to €50 million or 20% of domestic turnover, thereby aligning Ireland with EU best practice.

In light of recent enforcement activity, my department is actively considering legislative amendments to strengthen consumer protection. This includes exploring how best to align penalties for breaches of consumer law with those available under competition law, recognising that misleading pricing practices can cause significant consumer harm and distort market integrity. The review is being informed by the CCPC’s experience and includes consideration of administrative financial sanctions. Engagement with stakeholders and legal experts is ongoing, and I expect that proposals will be brought forward shortly once the necessary groundwork has been laid.

Finally, I remain committed to ensuring the CCPC is adequately resourced to fulfil its mandate. In 2025, the CCPC was allocated Exchequer funding of approximately €27 million, representing a notable increase from the 2024 allocation. This reflects the Government’s commitment to strengthening the Commission’s capacity to enforce both competition and consumer protection law, including its ability to monitor and respond to pricing practices across the economy.

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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687. To ask the Minister for Enterprise, Trade and Employment if he will request the Competition and Consumer Protection Commission to update UCPD guidance to treat unflagged material recipe changes as potentially misleading omissions. [45704/25]

Peter Burke (Longford-Westmeath, Fine Gael)
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Thank you for your question regarding the potential treatment of unflagged material recipe changes as possibly misleading omissions under consumer protection law.

The Competition and Consumer Protection Commission (CCPC) is the independent statutory body responsible for enforcing competition and consumer law under the remit of my Department. The CCPC promotes and monitors compliance with competition and consumer protection laws across all sectors of the market and is empowered to investigate potential breaches, prohibited practices and offences.

I note that the guidance referred to in this context is the European Commission’s guidance on Directive 2005/29/EC – the Unfair Commercial Practices Directive (UCPD). This guidance was adopted by the European Commission on 17 December 2021 and is intended to facilitate the proper application of the Directive. It also aims to increase awareness of the Directive among all interested parties, including consumers, businesses, Member State authorities, national courts and legal practitioners across the EU.

Article 7 of the Directive concerns misleading omissions. Under this provision, a commercial practice shall be regarded as misleading if it omits material information that the average consumer needs in order to make an informed transactional decision.

While the CCPC applies the UCPD as set out in EU guidance, any updates to national guidance would need to align with the European Commission’s interpretation of the Directive.

It is important to note that legislation concerning the labelling of food products—including the requirement to provide a complete list of ingredients so that consumers are fully informed of a food’s composition—falls under the policy remit of the Minister for Health.