NVWA soap opera - update

We have an update regarding the NVWA (Dutch Food and Consumer Product Safety Authority) fine we wrote about earlier.

Last year, we received a fine of €1,565 because we had given too much of a discount on a beer with 0.8% alcohol . According to the rules, anything above 0.5% alcohol falls under alcohol legislation, and restrictions apply to discount promotions.

You can read the whole story in our previous blog .

In objection

Naturally, we lodged an objection against the fine. Together with a lawyer, we drafted and submitted an objection.

While preparing our objection, we also found relevant case law. In a case that began in 2021, a wine seller accidentally applied too much of a discount. A bottle of wine was offered for €11.99, while the normal price was €16.80; a discount of 28.63% .

The fine: €1,360 .

After years of legal proceedings, it was eventually reduced to €340 .

You can find the official ruling here . You can find a more readable summary here .

Hearing

A hearing subsequently took place during which I could explain our objection and answer questions from the NVWA. Normally, the NVWA must make a decision within six weeks after that. However, they requested a little more time for their assessment.

Eventually, we received an 11-page letter containing the decision. The core:

Decision I declare your objection regarding the amount of the fine well-founded. I revoke the contested decision and reduce the fine amount by 50% to €782.50. For the remainder, I declare your objection unfounded and uphold the contested decision. If you have already paid the fine, you will receive the overpaid amount back with statutory interest.

The fine has therefore been halved to €782.50 .

And now?

After careful consideration, we have decided not to pursue legal action . We maintain that a warning for a first offense would have been more appropriate. Furthermore, we still consider €782.50 to be a disproportionate fine for such a minor mistake.

But at some point, you simply have to move on with your business. Another legal procedure costs time, energy, and money, while the outcome remains uncertain. So we are leaving it at this.

Case closed.