Brand fraud by country – this is what the law says about dual food quality

By: Trademagazin Date: 2025. 03. 11. 11:40

The issue of dual food quality has received increasing attention in recent years in the European Union and Hungary. With the change in legal regulations and the strengthening of consumer protection inspections, food manufacturers have become increasingly aware, however, the topic of differences between products continues to generate a lot of debate – the topic is explored in an article by Pénzcentrum.

What constitutes dual food quality?

According to the law, we can speak of dual quality when two food products that appear to be comparable or identical to each other show a noticeable difference in quality. This difference cannot always be easily determined, as consumer preferences in each country can significantly influence the composition of the products.

Tightening legislation and market effects

According to information from Pénzcentrum, the tightening of legislation and the threat of sanctions are encouraging food manufacturers to be more conscious about the quality identity of products. In recent years, investigations conducted by the National Food Chain Safety Authority (NÉBIH) have shown that responsible producers pay more attention to the uniform quality of products, even if they are produced using different technologies or in different production plants.

Legal analysis

In Hungary, Act XLVI of 2008 (on the food chain and its official supervision) and Act XLVII of 2008 (on the prohibition of unfair commercial practices towards consumers) were supplemented with the rule that it is a misleading commercial practice to place an apparently identical product on the market with a different composition in different Member States. If there is a verifiable quality difference, the food producer or the first distributor in Hungary is liable for any infringements.

When can a product be of different quality?

Dual quality can be legally justified if there are objective reasons behind the difference. These may include:

Legal requirements: For example, in Hungary, the use of taurine is subject to a special tax, which may affect the composition of energy drinks.
Use of local raw materials: Logistical and purchasing considerations may also affect the composition of products.
National taste preferences: For example, Hungarians prefer spicier flavors, Austrians prefer sweeter soft drinks, while Germans prefer sour and chewy candies.
Production conditions: If a product is manufactured in different factories due to different capacities, minimal compositional differences may occur.