The food product seller can no longer use the word « gratuit » (to be inserted in Article L441-2 of Commercial Code). « Offered » or « X products for the price of Y » remain possible.
An ordinance related to the increase of the minimum resale price for food and petfood will be shortly published:
a- minimum resale price for food and petfood will be the ordinary minimum resale price x 1.10 time.
b- discount, rebates, remunerations, whether immediate or deffered, over a food or petfood product, negotiated for the sale to consumers, shall be capped to 34% of the sale price of the product.
c- such promotional advantage granted by either suppliers or distributor shall not affect products which represent more than 25% (before such deductions):
- turnover forecasts ;
- volume forecasts ;
- minimum volume commitments.
Another ordinance should be shortly published with modifications of invoicing rules, T&Cs, distribution agreements and significant imbalance between professionals…
Frédéric Fournier
Partner