The General Product Safety Regulation (GPSR) applies in the European Union from 13 December 2024 and replaces the General Product Safety Directive (GPSD). Like the GPSD, this new legislation regulates products for which there is no sectorial law.
The GPSR aims to ensure a higher degree of safety in aspects of the general products’ market which were not specifically addressed in the Directive, such as a stronger traceability. An improved traceability system is crucial in the event of dangerous products in order to promptly inform and safeguard consumers, properly communicate with competent authorities, and mitigate the risks or take corrective actions to solve the non-compliance. For a better product’s traceability, the details displayed on the product have to enable consumers and competent authority to track down the economic operators involved as well as to access the relevant product’s information.
Labels requirements under the new GPSR
Manufacturers have to ensure that their products include the information required by the new GPSR. The Regulation defines the manufacturer as “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark”. This definition of manufacturer should not be confused with the original design manufacturer (ODM) who builds the product sold under another company’s name (the manufacturer).
The following elements must be displayed on the product or, if not feasible, on its packaging or in a document accompanying the product:
- Type, batch or serial number or other element enabling the product’s identification.
- Name, their registered trade name, or registered trademark, postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted. Certainly, name and related details refer to company’s name under which the product is sold.
- Details of the importer, including their name, registered trade name or registered trademark, their postal and electronic address and, where different, the postal or electronic address of their single contact point.
Manufacturers must also ensure that the product comes with clear instructions and safety information in a language easily understood by consumers as determined by the Member State. This is not mandatory if the product can be safely used without such instructions.
Products from non-EU manufacturers to bear Responsible Person’s details
The Regulation introduces the important figure of the EU established Responsible Person for general products. When the manufacturer is not based in the EU, the Responsible Person can be their importer, an EU-based fulfilment service provider for products sold online, or the European Authorised Representative appointed by the manufacturer by written mandate.
Products from non-EU manufacturers must therefore include (on the product or on its packaging, the parcel, or an accompanying document):
- Name, registered trade name or registered trademark of the Responsible Person.
- Contact details of the Responsible Person, including the postal and electronic address.
Traceability of online products became an important aspect of this new Regulation. Indeed, products sold online must include a set of information in their online offer to ensure that goods sold on e-commerce platforms are as safe as products sold in physical stores.
Are you not sure whether your products fall under these requirements? Or do you have any questions on the GPSR requirements? Contact us here and we will reply to you at the soonest!
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