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NCA prosecutes Tesco for price display offences

29 January 2008

On 28 January 2008, Tesco Ireland Limited was convicted in respect of failing to display the selling price of two items: twin pack tissues and toilet tissues.

The offences occurred on 17 April at the Tesco Dundrum Town Centre store. Judge McLoughlin imposed a fine of €750 in respect of each count (a total of €1,500). The remaining 26 counts were taken into consideration. Costs of €2,000 were also awarded.

Welcoming the court's decision, the Chief Executive of the National Consumer Agency, Ms Ann Fitzgerald, said the decision by Dublin District Court to impose a fine of €1,500 should send a message to all retailers that they must comply with the requirement to indicate the prices of all products on sale to consumers.

"Retailers must recognise that they have a duty of care to their customers. Without consumers they would not be in business. It is incumbent on them, therefore, to ensure that customers should know the correct prices of all products before going to the checkout.

"Consumers have a legal right to this so they can make an informed choice on whether to buy in that particular store or go elsewhere."

The CEO advised that her Agency is keen to work with businesses to help them comply voluntarily with all consumer legislation. To facilitate better compliance by the retail sector, the Agency has set up a liaison arrangement with the various multiples and symbol groups.

"This is a two-way street," Ms Fitzgerald said. "We provide advice so that retailers can comply with the law. In turn, we expect the store owners to play their part by acting on our advice and provide a better service to consumers."

Referring to the enactment of the new Consumer Protection Act on 1 May last, Ms Fitzgerald said that this provided wide-ranging powers to the Agency to help protect the interests of consumers.

This includes the power to issue fixed payment notices (on-the-spot fines) for breaches of price display laws.

She confirmed that her Agency was availing of various enforcement tools, including the power to impose "on-the-spot" fines to help bring about a stronger compliance culture and a better deal for consumers.