{"id":11509,"date":"2019-12-05T19:10:22","date_gmt":"2019-12-05T18:10:22","guid":{"rendered":"https:\/\/legalegonutrition.com\/can-i-sell-food-supplements-at-a-loss\/"},"modified":"2020-03-26T14:28:18","modified_gmt":"2020-03-26T13:28:18","slug":"can-i-sell-food-supplements-at-a-loss","status":"publish","type":"post","link":"https:\/\/legalegonutrition.com\/en\/can-i-sell-food-supplements-at-a-loss\/","title":{"rendered":"Can I sell food supplements at a loss?"},"content":{"rendered":"

Selling food supplements by distributors or sellers at a loss is not always illegal. The Law of Retail Trade Management<\/a> (LOCM) in the wording in force in 2016, declared in its art. 14.1 the following: \u201cnotwithstanding the provisions of the preceding article, sales may not be offered or made to the public at a loss<\/strong>, outside the cases regulated in chapters IV and V of Title II of this Law, unless, who make it, aim to reach the prices of one or more competitors with capacity to significantly affect their sales, or are perishable items in the dates close to their use. In any case, the provisions of the Law on Unfair Competition must be respected<\/em>.<\/p>\n

The exceptions that the aforementioned provision contemplated were only the cases of \u201clost\u201d sale with respect to the sales of balances, liquidations and the one established in the previous transcript for the case of perishable items. However, on October 19, 2017, the CJEU<\/strong> declared in a ruling that the prohibition of sale with loss contained in art. 14 of the LOCM<\/strong> was contrary to European Union law. Thus, the enumeration of business practices that should be considered unfair has been harmonized by Directive 2005\/29\/EC<\/strong>, which, with respect to “price”, only considers the following practices to be unfair:<\/p>\n