General product safety regulation (GPSR) – EU regulation 2023/988: Enhanced consumer protection

In May 2023, the European Union published the General Product Safety Regulation (GPSR), No. 2023/988. This regulation applies from 13 December 2024 to products not covered by sector-specific legislation. It replaces the General Product Safety Directive (GPSD) and introduces requirements for areas not previously addressed, such as distance selling and e-commerce.

Article 19 of the GPSR outlines the information that economic operators must provide when offering products for sale in the EU market through online platforms or other forms of distance selling.

Understanding the EU’s new General Product Safety Regulation (GPSR): what has changed with the transition from GPSD?

The regulation is not new, but it significantly strengthens the previous provisions on product safety under the GPSD. The revision was necessary due to the rise in online trade and the increased risk of unsafe products being sold in the EU. With a “horizontal” scope, the regulation applies to all products placed on the European market, including those covered by specific regulations, ensuring any gaps or grey areas are addressed.

The main objectives of the regulation are:

• Establish precise rules that manufacturers, importers and distributors must follow to make sure that products are safe before being placed on the market;
• Consider changes in the market, in particular the increase in online commerce and technological innovation, to create a more effective framework than the old Directive;
• Strengthen consumer protection against dangerous products;
• Introduce new measures to improve traceability, facilitate recalls and increase the transparency of information on potential risks;
• Introduce stricter rules for marketplaces and online platforms;
• Have the EU take specific measures for more effective market surveillance and the rapid withdrawal of non-compliant products.

From a legal and commercial point of view, a product is “any article, whether or not interconnected with other articles, supplied or made available for consideration or free of charge, including in the context of a provision of services, to consumers or capable, under reasonably foreseeable conditions, of being used by consumers, even if not intended for them.”

This agreement implies obligations and responsibilities, as the product must meet quality, compliance and safety requirements set by industry regulations.

A safe product is one that, under normal or reasonably foreseeable conditions of use, poses no risk to consumer health and safety or only minimal risks deemed acceptable and appropriate for its intended use. Product safety is a dynamic concept, requiring continuous risk assessment over time, considering technological advances, scientific developments, and user behaviour.

Opportunities for Manufacturers, Distributors, and Exporters under the GPSR

1. Increased reliability and competitiveness: Adapting to the new regulation can increase consumer confidence in the products offered, thus improving brand image and market competitiveness.
2. Access to new markets: Compliance with GPSR makes it easier to access EU markets, making it easier to expand your export activities.
3. Reduced legal risks: Implementing new security measures can reduce the risks of penalties and product recalls, protecting your business from potential financial and reputational losses.

Does the GPSR Apply to Cosmetics Products in the EU?

Cosmetic products placed on the EU market, including those sold online, must first comply with the EU Cosmetics Regulation 1223/2009 (CPR). In addition, under the GPSR, cosmetics sold via distance channels must meet the requirements of Article 19, addressing aspects not covered by the Cosmetics Regulation. Article 19 of the GPSR therefore complements Article 19 of the CPR regarding labelling requirements.

Information Required to Be Displayed for Distance Selling

In November 2023, to support the cosmetics industry in applying Article 19 of the GPSR, Cosmetics Europe drafted guidelines to help companies manage these requirements.

The key points of these guidelines are as follows:

1. Manufacturer’s name, mailing and electronic address, registered trade name, or registered trademark of the manufacturer, as well as the mailing and electronic address at which they can be contacted. Postal address: According to the CPR, Art. 19.1.a, the postal address may be shortened to the extent that it allows the identification of the “responsible person” and his or her address. Electronic address: this can be understood as both an e-mail address and a website address. The above information is not necessary if it is legible in the photo of the product sold.
2. Information to identify the product, including an image, its type,  and any other identifiers. Typology refers to the function of the product as defined in the EU Cosmetics Regulation. In addition, the offer should describe the available shades and sizes, the product name, the line and the brand (if relevant).
3. Warnings or safety information in a language easily understood by consumers, i.e. the special precautions for use specified in the annexes to the EU Cosmetics Regulation and those identified by the safety assessor. This information should be translated into the national languages of the countries in which the products are sold (depending on the indications of the individual Member States).

The above elements are not required to be shown separately if they are legible in the product image.

Steps to Ensure Compliance with the General Product Safety Regulation (GPSR)

More specifically, the aforementioned Article 19 of the GPSR provides that product listings for distance sales must clearly and visibly contain the following information:

• Name of Responsible Person
• Postal and electronic address (e-mail or website) of the Responsible Person
• Information to identify the product, including an image, its function and any other identifiers
• Available shades and sizes
• Product name, and trademark (when relevant)
• Warnings or safety information, such as special precautions for use

This information must be translated into the national languages of the countries where the products are sold and does not need to be displayed separately if it is legible in the product image.

Responsibility Under the New GPSR: The Role of the Responsible Person

The Cosmetics Europe document clarifies that compliance with Article 19 of the GPSR is a shared responsibility between the Responsible Person and the retailer selling via distance channels. The Responsible Person must provide the required information outlined in Article 19 to the online retailer and ensure it remains up to date.

The retailer, in turn, is responsible for prominently displaying this information for distance sales. To facilitate compliance, the Responsible Person may establish a contractual agreement with the retailer.

What Is the Language of Communication?

Companies that make cosmetic products available on the market through online sales or other means of distance selling must ensure that consumers have access to the required information in the language(s) determined by the law of the Member State pursuant to Article 19.5 of the CPR.

However, the information required pursuant to paragraphs (a) and (b) of Art. 19.1 of the GPSR (name and addresses of the Responsible Person) must not be translated, except in cases where different alphabets are used.

What Happens in Case of Non-Compliance with the Regulations?

The regulation introduces severe penalties for companies that do not comply with the new regulations. Penalties can include significant fines and other remedial measures, which vary depending on the severity of the violation and the size of the company involved.

One of the key tools strengthened by EU Regulation 2023/988 is the Safety Gate, formerly known as the Rapid Alert System for non-food products (RAPEX). Managed by the European Commission in collaboration with national authorities of the Member States, it serves as the EU’s rapid alert system for dangerous non-food products.

This platform enables national authorities to swiftly exchange information on hazardous products found on the market, ensuring a coordinated and effective response at the European level.

How Do I Know If My Product is Compliant?

The support of an experienced partner who has closely followed the legislative process, such as Taobé, is essential. Contact us for more information and to assess your product together.