Recent cases underline the increased focus on high risks connected with misleading price marketing
Three recent cases on price marketing
In September 2026, the DCO published press releases concerning three cases that underline the importance of compliance with the price marketing rules:
In the first case, the DCO filed a criminal report against a jewelry company for marketing an "intro offer" with labels stating information such as "LAST CHANCE" and "EXPIRES SOON", despite the offer being continuously active throughout nearly 18 months. The case is pending with the police.
In the second case, the Danish Consumer Ombudsman had, over a period of five months, monitored a business's marketing of jewelry and watches and identified 26 instances of non-compliant price marketing. The DCO found that the company marketed jewelry and watches as being on sale for such extended periods that the "offer price" had effectively become the product's normal price, making the stated savings misleading to consumers. The fine was calculated under the fine model introduced with effect from 1 January 2022. The Company accepted a significant fine of DKK 4,250,000.
In the third case, the DCO monitored the company's prices and found that all ten monitored products (exercise equipment) had been on sale for several months - some throughout the entire monitoring period, meaning that the offers were, in reality, no longer genuine offers, thereby making the marketing misleading. The company accepted a fine of DKK 425,000.
The cases demonstrate that the DCO is actively monitoring businesses' websites for compliance with the rules on price marketing and is enforcing the rules on price marketing.
Non-compliance with the price marketing rules can have significant financial consequences. The fines are calculated under a fine model based on the company's net revenue, and as demonstrated by especially the second case, the fines can be very substantial. Aside from the company's net revenue, circumstances such as the severity of the violations, including how long the violations have occurred, can also impact the calculation of the fine.
The rules on price marketing
Section 5 of the of the Danish Marketing Practices Act (the "DMPA") prohibits marketing that contains inaccurate information or presents factually correct information in a misleading way - including in relation to pricing advantages such as discounts and offers. Section 6 prohibits the omission or misleading presentation of material information, including in relation to pricing.
In addition to the DMPA, Section 9a of the Executive Order on Price Markings requires that any announcement of a price reduction comparing with the business' own previous price must state the product's "normal price", which is defined as the lowest price applied by the business in a period of at least 30 days prior to the price reduction. The purpose of this 30-day reference period is to prevent businesses from manipulating prices - for example, by temporarily raising a price only to subsequently lower it and present the reduction as a genuine discount.
In addition to this, the DCO has issued quite extensive guidelines on price marketing, which include guidelines on e.g. introduction offers, combination offers, offers in chain stores, the length of offers, the use of statements such as "only X kr." etc.
In practice, we often see that many businesses, despite significant efforts, struggle to comply with these rules and guidelines.
Businesses should ensure compliance
Businesses should ensure that their price marketing practices comply with the DMPA and the Executive Order on Price Markings. This is particularly relevant as Black Friday and the Christmas sales season are approaching, given that the prices applied during these periods may have a decisive impact on whether subsequent offers can be marketed lawfully.
As an example, where Black Friday offers extend into late November or early December, the Christmas sale offers may begin before 30 days have passed since the last offer, meaning that the product's "normal price" used as the reference price may actually need to be the discounted price used during the Black Friday sales.
Do you want to know more?
If you have any questions regarding price marketing, please contact Plesner's Marketing Law and Consumer Law team.
Read the DCO's guidelines on price marketing (in Danish)
Read the three recent cases on price marketing (in Danish):