Safety concerns presented by the popularity of online marketplaces and digital products are among the central pain points that the General Product Safety Regulation addresses.
Emerging software and easy access to dangerous products through ecommerce platforms like eBay or Amazon can put vulnerable consumers at risk.
This EU legislation addresses these challenges by introducing stricter union-wide rules that economic operators must adhere to when placing products on EU marketplaces.
The new labeling rules are part of the EU’s wider consumer protection strategy that aims to ensure that all products available on the Union’s marketplaces are safe for all consumer groups.
Consequently, sellers on online marketplaces must verify that each product in their online store meets the labeling requirements and stop selling those that don’t immediately until they’re brought into compliance.
In this article, we’ll explain the EU’s labeling requirements and help you determine your obligations when placing new products on digital marketplaces in the EU.
Key takeaways
- GPSR introduces mandatory labeling requirements for all consumer products sold on the EU market.
- The manufacturer and, in some cases, importers bear the bulk of labeling responsibilities.
- Online sellers who only distribute a product must check if the item’s label is GPSR-compliant and add that information to product listings on online marketplaces.
- Failing to meet the EU’s labeling requirements can trigger a recall.
- The label must be translated into the local market’s language.
The labeling obligations of online sellers under the General Product Safety Regulation
The obligations of economic operators under the GPSR depend on their position in the supply chain.
Consequently, two digital merchants who sell their products through an ecommerce platform like eBay may have to meet different labeling obligations depending on whether they manufacture products they offer in their stores, where their business is established, and other factors.
The product safety regulation places the bulk of product labeling responsibilities on manufacturers and, when applicable, importers.
Article 12 of the document, which outlines distributors’ responsibilities, doesn’t explicitly mention labeling obligations, but it establishes that distributors must ensure compliance with the regulation.
Still, Article 12 clearly states that if a distributor possesses information that a product does not have appropriate labeling information, such as the serial number or the manufacturer’s name, they shouldn’t place that product on the market before it is brought into conformity.
Moreover, distributors who offer their products through online marketplaces like eBay must ensure that product listings contain the labeling information, including the manufacturer’s name and contact details, information about the EU Responsible Person, or safety warnings.
Understanding the EU product labeling requirements
Assessing an online seller’s labeling responsibilities starts with determining their position within the supply chain. Under the regulation, EU-based online sellers can be considered manufacturers if they produce or significantly alter the items they offer to consumers in their online stores.
The GPSR states that any legal or natural person established in one of the member states that places a product from a third country on an EU marketplace can be considered an importer.
Hence, online sellers who offer items manufactured outside of the EU can assume the responsibilities of an importer if the product they want to add to their store was previously unavailable on the specific EU market.
Still, most digital retailers are considered distributors under the GPSR, meaning that their responsibilities are limited to checking if a product complies with labeling and other GPSR requirements and adding the necessary information to product listings.
It’s worth noting that a distributor must inform consumers, the manufacturer, or importer if they determine that one or more of the products they obtained from them don’t have GPSR-compliant labels.
Creating GPSR-compliant labels for consumer products
Being familiar with the new consumer product labeling rules is beneficial regardless of your company’s position in the supply chain.
Even if you only distribute the products you offer on European online marketplaces, knowing the labeling rules will help you determine if an item you’d like to feature in your store has a GPSR-compliant label.
Here’s an overview of the labeling requirements all economic operators must meet before placing a product on the EU market.
Product’s type, batch, and serial number
The EU’s market surveillance authorities prioritize the easy identification of unsafe products. So, the manufacturer must ensure that each product created for the EU market contains the serial number, type, and batch, and that the information is clearly visible to consumers.
The GPSR doesn’t offer guidelines regarding the format of the batch number, but this number should make it easy to check the item’s production date, model, and manufacturing location.
Manufacturer’s name, registered trade name, or trademark
Aside from the information about the product, the label should also contain the manufacturer’s name, registered trade name, or trademark.
This information should be included on the product when possible. However, if this information cannot be added to the product, the manufacturer must adhere to the packaging labelling rules or include it in its technical file.
Manufacturer’s and EU Responsible Person’s contact information
The GPSR introduces a new requirement that only economic operators established in the EU can place products on the Union’s markets.
Consequently, manufacturers established in one of the EU countries can act as an EU Responsible Person for their products.
Businesses from outside the EU must appoint a person responsible for each product they want to offer to European consumers.
Online sellers from one of the EU member states who manufacture their products must include their postal address and electronic address, either website or email, on the product.
In case they opt to serve as the EU Responsible Person for their products, they don’t need to add such information twice to the product.
On the other hand, manufacturers who aren’t established in the EU must appoint an authorized representative and add the responsible person’s name, address, and contact details to the product next to their company’s information.
Instructions for safe use and disposal
Consumer products should be accompanied by clear instructions for their safe use and disposal. The instruction should be available in the language most consumers on the specific market can understand.
However, this requirement doesn’t apply to products that can be safely used as the manufacturer intended.
Warnings
Warning markings such as ‘ choking hazard’, ‘flammable’, or ‘for external use only’ are among those that manufacturers may have to add to the products they’re placing on an EU marketplace.
Nonetheless, the GPSR doesn’t provide detailed information regarding warnings for such products. The document only states that the warning and safety information should be attached to the product, its packaging, or included in the accompanying documentation.
That’s why manufacturers must consider other regulations, directives, and product standards when determining the exact format of the warning marking they should add to a product.
Age suitability
A product’s label should clearly indicate the age group the product is suitable for.
Children’s toys and other consumer products aimed at children must comply with the Toy Safety Directive and product standards from the EN 71 series.
In addition to toys, products from video games and online content categories should also indicate the age group for which they are suitable.
Language requirements
The GPSR mandates that all product labels be translated into the official language of the EU member state where a product is sold.
In case the manufacturer or importer hasn’t fulfilled this requirement, an online seller distributing a product must translate the label into the language most consumers on a marketplace can easily understand.
Checking if the label is correctly positioned on a product
The label should be affixed to a product, unless doing so is impossible due to the product’s size or nature.
Manufacturers can optionally print the label on the item’s packaging or include it in the instructions along with other technical documentation.
Still, adding the label directly to the product is recommended whenever possible because it ensures easy access to information for consumers and market surveillance authorities.
Businesses can use QR codes to supplement the information they include on an item’s label or provide technical documentation to consumers, but they cannot use them to replace the physical label.
Hence, digital labeling can only serve as an additional source of information for consumers, but to be GPSR-compliant, products must have a physical label.
The consequences of labeling products incorrectly
Placing products without a GPSR-compliant label on a European marketplace can have severe consequences for all economic operators involved in their production and distribution.
The market surveillance authorities can order an economic operator to bring the product into compliance by creating a new label.
A non-compliant label can trigger a product recall, while in some cases it can serve as the basis for sales bans.
Online sellers who offer their products on eBay or other international ecommerce platforms must remember that their marketplace provider must remove the listings of non-compliant products from their platforms.
So, if a product in your store doesn’t have a GPSR-compliant label, or you fail to include tracing and all other relevant information in the product listing, the marketplace provider must remove that product from their platform until you can bring it into compliance.
Non-compliance with product safety requirements can negatively impact sellers by damaging their reputation and disrupting their operations.
Consequently, you shouldn’t assume that products you receive from your supplier are GPSR-compliant. Instead, you should check if their labels contain the necessary information and generate a new GPSR-compliant label if they don’t.
GPSR-compliant labels as a condition for entering the European Union’s online marketplaces
The European Union is the world’s largest single market, but it is also one of the most heavily regulated markets in the world.
As such, it offers considerable growth opportunities to online sellers capable of overcoming the regulatory hurdles.
Adhering to the EU’s labeling requirements is a mandatory step sellers on online marketplaces must take when expanding to a new European marketplace or adding new products aimed at consumers in EU member states to their online stores.
Checking the labels of hundreds of products and generating a new GPSR-compliant label for each product that fails to meet the EU’s labeling requirements requires considerable resources and time.
Book a call to find out how Webinterpret can make this task effortless.
About Webinterpret
Webinterpret supports merchants selling on eBay.
Our AI-based solutions enable more effective selling through automated listing localization, advertising, and returns and ensure all products placed on EU markets are GPSR-compliant.
By giving your international customers a full, end-to-end local shopping experience, Webinterpret improves your conversion and helps establish your business globally.
