Jerónimo Martins Polska, the operator of the Biedronka supermarket chain, has been hit with a fine of nearly PLN 105 million (€24 million) by Poland’s Office of Competition and Consumer Protection (UOKiK).

The penalty follows an investigation which found that Biedronka may have misled customers during its ‘Special Wednesday’ and ‘Valentine’s Wednesday’ promotional campaigns in early 2024, relating to the terms of its ‘100% cashback on a voucher’ offer.

The UOKiK‘s investigation indicated that Biedronka’s advertisements for these one-day promotions, broadcast on radio, mobile app, Facebook, and stores, promoted a ‘100% cashback on a voucher’ offer.

However, for consumers the promotion included significant restrictions on how and where these vouchers could be redeemed.

The president of UOKiK, Tomasz Chróstny, stated, “Consumers had no freedom in disposing of the voucher funds. Specific rules and restrictions applied to its use, which Biedronka customers typically learned about only when collecting the voucher along with their purchase receipt.”

Customer Complaints

Numerous customer complaints highlighted the discrepancy between the advertised simplicity and the actual conditions, UOKiK noted.

For instance, a promotion for ‘Wedel ptasie Mleczko’ promised a voucher for the value of the purchase. However, the voucher could only be used for purchasing juices worth at least PLN 25 (€5.82).

Furthermore, the UOKiK found that the promotional products were often unrelated to the items for which the vouchers could be used.

Consumers reported receiving vouchers for fruit and vegetables after purchasing hot dogs, cosmetics vouchers for chocolate, and beverage or sweets vouchers for meat.

Consumers were required to make additional purchases from specific product categories and meet a minimum spending threshold, which in some cases exceeded the value of the voucher, to redeem these vouchers.

Communication Discrepancies

The UOKiK emphasised that crucial information regarding the promotions’ limitations – such as specific product categories for voucher use, minimum purchase requirements, the limit of one voucher per person, and refund limits for weight-based products – was not clearly communicated in advertising materials.

Instead, this information was buried in terms and conditions on Biedronka’s website, on notice boards often located behind checkout lines, or only appeared on the voucher itself after a purchase had already been made.

The UOKiK concluded that the evidence demonstrated a deliberate violation of the collective interests of consumers during these campaigns.

An official source from the Jerónimo Martins told Portuguese daily Jornal de Negócios it will appeal the decision, assuring that ‘tens of thousands of Polish consumers’ enjoyed the discount voucher campaign, ‘benefiting from the opportunity to save money’.