Yesterday (Monday), France's finance ministry announced it would investigate the promotion on Nutella to see whether it was against strict consumer laws on discounts.
Promotion sur le Nutella à Intermarché : Bercy va enquêter
The selling of discounted food is highly regulated in France to prevent companies from selling it at a loss.
The consumer police at the DGCCRF (the body which investigates fraud at France's ministry of finance) will have to determine whether the Nutella offer was part of the general winter "sales" which allow for steep reductions or just a one-off offer on Nutella. They will also look at how much Intermarché
bought the product for initially.
The law in France allows food to be discounted as part of the official "sales" under two conditions: that the products were bought at least one month before the beginning of the sales period and if it's considered a fair price.
If it is just a special offer then the discount price offered must not be an attempt at "product dumping" by the stores.