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The General Product Safety Regulation (EU) 2023/988 (GPSR), which replaces Directive 2001/95/EC, came into effect on December 13, 2024. This regulation introduces stricter requirements, particularly for online sales and product recall management, to enhance consumer protection in the European market.
In 2024, over 1,490 cosmetic products were subject to recall procedures.
What does this mean for cosmetic manufacturers?
While your cosmetic products remain primarily governed by Regulation (EC) No. 1223/2009, the GPSR now imposes additional obligations for:
Online sales, with specific requirements for information and transparency.
Product recalls and reporting of dangerous products, through harmonized procedures.
Associated accessories (brushes, cases, applicators, etc.), which are fully covered by the GPSR.
Important: The compliance of your cosmetic products is not challenged, but adjustments are required to meet the new requirements in terms of information and safety.
Scope of the GPSR
The GPSR applies to all economic operators involved in placing or making cosmetic products available in the EU, including:
Manufacturers, authorized representatives, and importers.
Distributors (physical retail points and online platforms).
Logistics providers (order fulfillment) and online marketplace operators.
Exclusions:
Cosmetic products themselves remain primarily governed by Regulation (EC) No. 1223/2009, except for:
Online sales.
Recalls of dangerous products.
Notifications through the Safety Gate portal.
Conversely, accessories and complementary products associated with cosmetics are fully subject to the GPSR requirements.
What Actions Should You Take for Online Sales of Cosmetics?
1. Compliance for Online Cosmetic Sales (Article 19)
When marketing cosmetics online, you must provide clear and visible information, including:
Clear identification of the Responsible Person: Name, business name, postal and email addresses.
Product data: Description, image, and information for quick identification.
Reminder: The ingredient list is a substantial piece of information per Article L.111-1 of the French Consumer Code, which must be displayed on online cosmetic sales websites.
Warnings and precautions: All safety-related messages must be clearly displayed.
Recommended Actions:
Check your websites and e-commerce platforms to ensure all this information is accessible before the purchase is completed.
Update your product listings and online communication materials.
2. Reporting Dangerous Products (Article 20)
You are required to immediately report any product posing a health or safety risk:
Notification via the Safety buisness Gateway (formerly RAPEX).
Declaration of incidents or adverse effects associated with the product.
Recommended Actions:
Appoint a person responsible for reporting.
Implement an internal procedure for detecting, evaluating, and declaring risks.
3. Managing Product Recalls (Article 36)
In the event of a product recall, you must:
Use a standardized recall notice template for consumers.
Provide rapid and clear communication about the reasons for the recall and corrective actions to follow.
Recommended Actions:
Prepare GPSR-compliant recall notices in advance.
Train your teams for responsive recall and product return management.
Why Is This Important for Online Sales?
The GPSR strengthens product safety requirements in the European market, especially for online sales and digital platforms. This framework complements existing cosmetic regulations by:
Combating fraudulent practices on the internet.
Enhancing transparency for consumers.
Simplifying recall and reporting procedures.
Next Steps for Your Business
Audit your current practices for compliance with the GPSR requirements.
Update information on your online sales channels.
Develop or revise internal procedures for managing recalls and reporting.
Train teams involved in regulatory compliance and customer communication.
We recommend working closely with your legal and regulatory teams to ensure rigorous application of this new framework.
For specific questions or assistance with compliance, feel free to contact us.
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