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The EU is moving away from package size regulation and relying instead on
unit pricing regulation. Germany has just eliminated a whole category (all
liquid sizes I think) of size regulations.

An EU report says:
+++++++++++++++++++++++++++++++++++++++++++++++++++++
The working paper examines whether there is an "overriding need" of a public
nature for legislating mandatory ranges of sizes Union-wide. The effect of
fixing a mandatory range of sizes for a product is to allow a few quantities
and to exclude all others.

Justifications put forward in the past have included barriers to trade and
misleading of consumers. There is some doubt whether they are convincing in
the current context of unit price labelling requirements (price per kg/litre
of Directive 98/6/EC) and of case law on Article 28 of the Treaty.
Furthermore, fixing ranges may facilitate tacit collusion, which the
Commission considers detrimental to competition.

Developments in packaging indicate that mandatory sizes may impede
innovation and hamper competitiveness. In sectors where ranges have been
fixed, the trend of supplying smaller quantities, reflecting smaller
households and more individual life styles, seems to have been followed
reluctantly or not at all. 

Fixed ranges may, however, solve the market failure caused by the buying
power of large retailers. At the same time, however, it may create a new
market failure, when producers are empowered to effectively limit consumer
choice to only one size. It may over-protect the consumer who is "reasonably
well informed and reasonably observant and circumspect".

On the basis of the considerations outlined in this report, it may be
concluded that:
* there is no public need for regulation of mandatory sizes, in general, 
* Member States should follow suit and similarly deregulate across the
board, 
* any exceptions requiring legislation need to be minimal and duly
justified. 

One exception might be inflexible packaging material in a sector where
market concentration is low, for example for glass bottles of wine. The
mandatory size would be limited to glass bottles 
in the one most commonly sold size, surrounded by an exclusion zone within
which no other sizes are allowed. All other sizes would be free, as would be
all sizes of non-glass containers.
+++++++++++++++++++++++++++++++++++++++++++++++++++++
This is the executive summary. Please read the excellent full analysis at:
http://europa.eu.int/comm/enterprise/prepack/object_internetconsult/en_objin
ternetcons.htm


--
Terry Simpson
Human Factors Consultant
[EMAIL PROTECTED]
www.connected-systems.com
Phone: +44 7850 511794 

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf
Of Jim Elwell
Sent: 03 July 2003 15:10
To: U.S. Metric Association
Subject: [USMA:26230] Re: Kraft plans to cut snack sizes

At 02 07 03, 07:17 PM, [EMAIL PROTECTED] wrote:

Regulations requiring rational packaging would go a long way toward ending
the practice of manufacturers disguising price increases by instead
downsizing the product.� They would have to be upfront and honest about it.
...
There will be the argument of course that the goverment is "telling us what
to do".� I don't consider this particularly onerous because it is a benefit
to the consumer.

The presumption that rational package sizes are "a benefit to the consumer"
is highly suspect.

On the one hand, I agree the SOME consumers may benefit when it is easier to
compare prices -- those who bother to do so. Brand managers can tell you
what a small portion of the population that is. 

On the other hand, you are presuming that whoever writes the regulations
understands the best and most appropriate sizes for several million consumer
products, and that those sizes just happen to end up being rational. Highly
doubtful.

Rational package sizes would guarantee both increase consumer waste (having
to buy too much of something because the required "rational" size is either
too small or too large), waste consumer's money (again, paying for something
you don't need), and increase the cost of products by increasing the
government regulatory and tax burden on companies (someone has to pay for
writing, promulgating and enforcing those regulations).

I believe we already have the appropriate amount of regulatory control over
consumer packaging, in the requirement that they be ACCURATELY labeled for
net contents.

For those who want rational package sizes, I suggest you have a long ways to
go to demonstrate any net benefit to them.


Jim Elwell, CAMS
Electrical Engineer
Industrial manufacturing manager
Salt Lake City, Utah, USA
www.qsicorp.com


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