Store owner fined for not displaying prices
9 April 2008
District Court convicts Oughterard Gala store owner for failing to display prices
On 8 April 2008, at Oughterard District Court sitting in Derrynea, the National Consumer Agency prosecuted Mr Thomas Welby of Gala (T Welby), Main Street, Oughterard, in respect of alleged failure, on 17 May 2007, to indicate selling and unit prices of a range of grocery items. The items included milk, fresh cream, chocolate confectionary, fruit, vegetables and bread.
Judge Mary Fahy convicted the defendant of failing to display the selling price of a 2-litre container of milk and the unit price of fresh cream, in contravention of the European Communities (Requirements to Indicate Product Prices) Regulations 2002.
The Judge imposed fines totalling €300 in respect of two counts and took the remaining 19 into account. Costs of €1,500 and witness expenses of €250 were also awarded.
Commenting on the court outcome, the Chief Executive of the National Consumer Agency, Ms Ann Fitzgerald said: "It is not acceptable for traders to adopt a haphazard approach towards price display. Consumers have a right to this information.
"The new enforcement powers available to the Agency under the Consumer Protection Act 2007 will help to ensure better compliance throughout the retail sector."
New measures
Ms Fitzgerald advised that the new measures include, in addition to prosecution, the power to issue fixed payment notices (on the spot fines) in respect of breaches of price display legislation. The Act also provides for the establishment of a Consumer Protection List and enables the Agency to "name and shame" traders who breach consumer laws.
Ms. Fitzgerald made it clear that the Agency would avail of the various enforcement options where required. "As CEO of the National Consumer Agency, I will maximise the use of these enforcement tools to deliver better protection to consumers."
Ms Fitzgerald added: "The retail sector should correctly display their prices without the need for regular monitoring by the Agency."
She indicated that the NCA is working closely with the sector to help achieve voluntary compliance. "However, if retailers ignore their responsibilities, I will have no hesitation in taking appropriate action to ensure that consumers obtain easy access to pricing information- which is their legal right," Ms Fitzgerald said.