Does the General Product Safety Regulation (GPSR) affect my company?
Have you received an email from Amazon with the following subject line? ‘Important Announcement: General Product Safety Regulation (GPSR) Implementation’ Many of our clients are asking us what to do if they receive an email from Amazon with the above subject line. Don’t worry! From LegaleGo, as Amazon SPN partners, we will explain in a simple way what this process consists of and what changes there are with respect to the current regulation. The European General Product Safety Regulation 2023/988, which will come into force on 13 December 2024, has the main purpose of guaranteeing the safety of consumer products in the European Union by establishing responsibilities and requirements for manufacturers, authorised representatives, importers and distributors.
Why did this notice come from Amazon?
The Regulation addresses products sold through online platforms or marketplaces, such as Amazon. Thus, operators of digital marketplaces and e-commerce platforms will be held responsible for the products sold if the safety of the products placed on the market is not guaranteed. This regulation will apply to products that are placed or made available on the market, as long as there are no other specific provisions regulating their safety. It will not apply to medicinal products for human or veterinary use, foodstuffs, animal feed, live plants and animals, animal by-products and derived products, plant protection products, equipment on which consumers travel or ride, aircraft covered by Regulation (EU) 2018/1139, and antiques. Thus, This regulation applies only to products which are not covered by this list or which do not have a specific safety regulation.
Are cosmetic products affected by Regulation (EU) 2023/988?
Yes. Economic operators marketing cosmetic products online or through other distance selling methods, whether inside or outside the EU, and targeting EU consumers directly, must comply with all legal requirements of EU Regulation 1223/2009 on cosmetic products (CPR). This regulation lays down the necessary rules to ensure a high level of protection of human health and the proper functioning of the internal market. In addition, cosmetic products sold through distance selling must also comply with certain requirements of the General Product Safety Regulation (GPSR) that are not covered by the CPR, specifically Article 19 of the GPSR. In this sense, Article 19 of the GPSR complements Article 19 of the CPR on labelling, which means that the GPSR also applies to cosmetic products. Article 19 of the GPSR requires products marketed by these means to display the following information clearly and conspicuously:
1: Manufacturer’s name:
- If the manufacturer is in the EU, the name, trademark or trade name, as well as the postal and e-mail address must appear.
- If the manufacturer is not established in the EU, the name and address of the responsible person must be provided, as mentioned in Article 16 of the CPR or Article 4 of Regulation (EU) 2019/1020. For imported products, the importer shall be considered the ‘responsible person’.
2. Product identification: Information to identify the product, such as a photograph, type and other relevant identifiers, must be included.
3. Warnings and precautions: All warnings or safety information required by GPSR or EU legislation must be included, presented in the local language of the Member State where it is placed on the market. It is not necessary to display this information separately if it is already visible on the product image. The interpretation aims to ensure consistent and clear communication to consumers.
Food and feed exclusion in the General Product Safety Regulation (GPSR)
According to Article 2, the Regulation expressly states that it does not apply to food and feed. This is because there is already legislation in place that regulates everything to do with food and feed safety: Regulation (EC) No 178/2002 laying down the procedures for food risk and food risk controls in the EU, and Regulation (EU) 2017/625 supplementing the previous Regulation. This establishes a system of harmonised official controls to ensure that food and feed comply with safety, animal welfare and animal health requirements. However, this new regulation does apply to materials that come into contact with food, such as packaging, shakers or utensils. Our speciality is that all companies are reassured by regulatory compliance. We know that the legal environment, especially in updates such as this one, can be confusing, especially if you receive technical emails such as Amazon General Product Safety Regulation. We build trust for your success, that’s why we will always put our team of food and legal experts at your disposal, so that you can focus on what’s really important for your business, selling.