Cosmetics Europe has recently published guidance with the view of clarifying the application of Article 19 of the General Product Safety Regulation (GPSR) to cosmetic products.
Background on GPSR
The GPSR, which repeals the former General Product Safety Directive, lays down essential rules on the safety of consumer products placed or made available on the market. Its objective is to improve the functioning of the internal market while providing a high level of consumer protection. The GPSR is already in force and will directly apply in all Member States as of 13 December 2024.
Interface between the GPSR and the Cosmetic Products Regulation
Not all the provisions of the GPSR apply to cosmetic products. Indeed, as cosmetic products are regulated under the Cosmetic Products Regulation (CPR) which imposes specific safety requirements, the GPSR applies only to those aspects and risks or categories of risks which are not covered by those requirements. In that respect, Article 19 of the GPSR, related to information to be provided in the case of online / distance sales, does apply to cosmetic products and is complementary to the requirements of the CPR and in particular of its Article 19 which establishes the on-pack labelling rules for cosmetics.
Rules for cosmetic products sold online/via distance sales
The CPR allocates responsibilities to the responsible person and other actors in the supply chain. In addition to the requirements imposed by the CPR, economic operators willing to make cosmetic products available on the EU market via online / distance sales, have to comply with the obligations set out in Article 19 of the GPSR.
Interpretation of the rules in Article 19 of GPSR, for cosmetic products - Information on online/distance sales
Article 19, GPSR identifies four types of information, listed from a) to d), which must be clear/visible at online/distance points of sale. The guidance offers an interpretation of what this means for cosmetic products.
(a) name, registered trade name or registered trademark of the manufacturer, as well as the postal and electronic address at which they can be contacted;
- Manufacturer: for cosmetic products, the manufacturer is understood as the “responsible person”. Indeed, according to the CPR, Article 4.3, “for a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community, the manufacturer established within the Community shall be the responsible person”.
- Postal address: according to the CPR, Art. 19.1.a, the postal address can be abbreviated in so
far as it makes it possible to identify the ‘responsible person’ and their address. For consistency
towards the consumer, as well as consistency of RP data, the abbreviation option allowed by
the CPR should also apply to the information required under the GPSR, Art. 19.1(a). - Electronic address: This is understood as either an email address or a website address.
Note: the above information is NOT required if it is legible in the picture of the product sold (see point
(c) below).
(b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020;
- Responsible person: the CPR requires that for imported cosmetic products, each importer shall be the ‘responsible person’ for the specific products that he/she places on the market;
- Postal and electronic address: same as in paragraph (a) above.
Note: This information is not required if it is legible in the picture of the product sold (see point (c) below).
(c) information allowing the identification of the product, including a picture of it, its type and any other product identifier;
- Picture: a legible picture that identifies the product; for product ranges (e.g. a lipstick in several colours/shades) one picture should be sufficient if the various colours/shades are mentioned in the proximity of the picture, i.e. on the same webpage; similarly, in case of a product sold in different sizes, one picture should be sufficient if the various sizes are mentioned in the proximity of the picture, i.e. on the same webpage.
- Type: this is understood as corresponding to the function of the cosmetic product, as required by the CPR (unless it is clear from its presentation). This information is not required if it is legible in the description or picture of the product sold.
- Any other product identifier: in alignment with the product identification rules under the Cosmetic Product Notification Portal (CPNP), other product identifiers (where relevant) are understood as: the product name including the trademark/brand, the product line/range and the specific name of the product as they appear on the product. This information is not required if it is legible in the picture of the product sold.
Note: the batch number is not required as it is not relevant to the actual product that the consumer will purchase because it is a dynamic code; furthermore, it is always printed on-pack.
(d) any warning or safety information to be affixed to the product or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market;
- Any warning or safety information: the CPR, Article 19.1(d), requires the labelling of “particular precautions to be observed in use”; where required by the CPR, these are listed in its Annexes III to VI; in addition to these, other precautionary statements and warnings recommended by the product’s safety assessor, as per Annex I, Part B.2 of the CPR, may be printed on the label under the responsibility of the responsible person. The information elements mentioned above correspond to the information required under the GPSR, Article 19.1(d). It is recommended to transmit to retailers all such information, regardless of the medium on which it is printed (on-pack label, leaflet, insert, etc.). This information is not required if it is legible in the picture of the product sold.
Note: Instructions for use that are not linked to the product’s safe use are not required.
Who is responsible for what?
When the economic operator selling cosmetic products online is not the ‘responsible person’ in the sense of the CPR (e.g. when the economic operator is a retailer), the responsibility for compliance with Article 19 of the GPSR is shared between the ‘responsible person’ for the cosmetic product, designated in accordance with the CPR, and the online/distance sale retailer. The ‘responsible person’ is responsible for providing the required information and for maintaining it up to date. The retailer is responsible for indicating/ displaying it at the online or distance point of sale. The responsible person may want to consider establishing these shared responsibilities via a contractual agreement with the retailer.
Languages in online/ distance sales
Companies making cosmetic products available on the market via online or other means of distance sales should ensure that consumers have access to the required information in the language(s) determined by the law of the Member State under CPR Article 19 (5).
However, the information required under paragraphs (a) and (b) of GPSR Art. 19.1 is not required to be translated, except where different alphabets are used.