Abstract
The consumer model of an average consumer, who is reasonably well informed and reasonably
observant and circumspect, which the European Court of Justice (EuGH) has developed in its
decisions, is critically reviewed with the aid of results from consumer research. Of special interest
is the question, whether the quality perception process of foodstuffs, as seen by the EuGH,
represents reality or merely an ideal concept.
First of all, the European Court?s consumer model is analyzed with respect to the quality
perception of foodstuffs and differentiated from the consumer model of the careless German
average consumer. For a better understanding a brief overview of the legal basis in Germany as
well as in the European Community (EC) is given.
The first section of the discussion from results of consumer research concerning the quality
perception process of foods comprises basic findings about the way consumers acquire and
process information. It becomes clear that product perception is a subjective and selective
process, which is influenced by a large number of variables. The complete acquisition and
processing of all the information offered is prevented by the limited capacities of consumers and
their tendency to strive for relief.
The second part, which deals with the specific quality perception process of foodstuffs, starts out
with a discussion of the multifaceted and highly controversial concept of food quality. The
objective understanding of food quality, which is based on physical, chemical and sensory
analysis must be differentiated from the subjective perception of food quality as it serves the
consumer in his/her purchasing preferences.
Even though each individual due to the numerous factors influencing the quality perception and
the individual way of attitude development sees the quality of foods differently, the actual process
follows certain rules and can be theoretically described. As not all product characteristics of
interest can be observed at the point of purchase, the consumer makes use of (so called) quality
cues. Due to this indirect way of information gathering consumers make mistakes, and do not
always deduce the true nature of a food product. This can result in false product expectations,
which under certain circumstances may lead to an deluded product experience. If such
misconceptions occur in connection with product characteristics, which cannot be verified
(credence dimensions), correction of these misconceptions with the aid of product experience will
be impossible even in the long run. False judgements are promoted by the abundance and
complexity of the current information, which does not sufficiently take into acount the limited
capabilities of buyers, and by the suppliers? knowledge of the possibility of intentionally shifting
consumers? perception.
Even though consumers show a growing quality consciousness, quality independent factors
influence the food shopping behavior as well. Besides certain habits and social conditioning, the
costs of food prevent people form getting their preferred quality. The cost factor comprises
financial expenses as well as time and convenience expenditures.
Despite considerable information and a feeling of diminishing quality of the food supply,
consumers believe themselves to be quite competent and capable of making effective purchasing
decisions. Concerns are caused by true and supposed health risks, which most consumers will
however face with an optimistic bias regarding their personal risks.
The critical review of the European Court?s consumer model reveals that the buyers do show a
growing interest in food quality and accurate quality information, but that the consumer?s in their
reasoning and knowledge do not, under current conditions, meet the expectations of the EuGH,
that is the consumers remain significantly behind the judicial model. |