HALKWEB/Dilek Bozkurt In Turkey, “hidden mark-ups”, which are known as reducing the weight of packaged products without changing the price, are seen directly as “fraud” by the public, but the legal process works differently.
Lawyer Gizem Gonce stated that these practices are technically considered within the scope of “deceptive commercial practices” and heavy administrative fines are imposed on businesses.
The period of “hidden hikes” in kitchen shopping, in which packages shrink but prices remain constant or increase, has also brought about legal debates.
A clear explanation came from legal experts to the consumers“ revolt of ”we are being defrauded". Lawyer Gizem Gonce emphasized that weight games do not always constitute a crime in the sense of the Turkish Penal Code (TCK), but are subject to serious sanctions under consumer legislation.
Public Misconception: Not Every Hidden Raise is a Crime
Gonce stated that, contrary to popular belief, reducing weight does not automatically constitute “fraud”.
Stating that in order for the crime of fraud to occur, the intention of “intentionally causing damage to someone's property by fraudulent behavior” should be sought, Gonce said that this act may not fall within the scope of the crime if the manufacturer writes the new grammage on the packaging technically correctly.
“Deceptive Commercial Practice”
However, despite the reduction in weight, presenting the packaging or advertisements in a way that misleads the consumer (giving the impression that it is the same as before) is clearly considered “deceptive” according to the Regulation on Commercial Advertising and Unfair Commercial Practices. In this case, administrative fines of up to 114 thousand TL can be imposed on businesses.
What Should Consumers Do?
Reminding that under Law No. 6502 on Consumer Protection, manufacturers are obliged to provide complete information, Lawyer Gizem Gonce drew the following roadmap for victimized citizens:
Consumer Arbitration Committee: Consumers who believe that they have suffered economic damage can apply through e-Government (TÜBİS) with their invoice or receipt.
Administrative Application: Complaints can be filed to the Provincial Directorates of Trade for misleading packaging.
Gonca underlined that consumers should not hesitate to seek their rights if the monetary value of the dispute falls within the limits of the Arbitration Committee.