The defendent is a business entity that provides customers with dairy products such as milk, cheese or butter. Two of these products were described as follows: "Extra butter a 200 g" and "Cream butter (73,5%fat)".
After inspection, it was revealed that these products contained certain ingredients that are not allowed in products indicated as "butter".
The President of the Office started proceedings with the intention to determine whether such practice could be deemed to be prohibited on the following grounds:
(1) The practice is contrary to the quality requirements specified in the Polish and EU provisions; and
(2) The practice misleads the consumer with respect to the quality and characteristics of the product, as the consumer is not properly informed about the product and, as a result, is likely to take a transactional decision that he would not have taken otherwise.