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January 27, 2025

General Product Safety Regulation

Written by:
Justyna Prokop
Safety Assessor

Consumer safety is a priority, especially in the era of globalization, where products reach markets from various parts of the world. On December 13, 2024, the Regulation (EU) 2023/988 of the European Parliament and of the Council on General Product Safety (GPSR) came into effect. This new EU legislation aims to protect consumers and raise the quality standards of goods placed on the EU market. The GPSR replaces the previous General Product Safety Directive (GPSD) of 2001 and applies across all EU member states.

It introduces stricter and morecomprehensive rules adapted to modern market realities, covering aspects such as technical documentation, user instructions, product information, document storage, and responses to product-related incidents.

The GPSR defines the obligations ofall major entities involved in the supply chain:

  • Manufacturers, importers, and distributors (regardless of whether sales are conducted onlineor in physical stores),
  • Providers of online marketplaces (intermediaries using online interfaces to enable consumers to enter into distance contracts with businesses for the sale of products),
  • Fulfillment service providers (entities organizing the order fulfillment process, including product packaging, shipping, and delivery to consumers).
  • The PolishOffice of Competition and Consumer Protection (UOKiK) has highlighted that the GPSR significantly expands the safety requirements for products and ther esponsibilities of businesses. The regulation extends the scope of risks to include those associated with new technologies used in products (e.g., artificial intelligence), mental health impacts, addictions, or depression caused by product usage. This also includes the effects of video games on children’s behavior and mental well-being, as noted in the justification.

The General Product Safety Regulation (GPSR) aims to ensure that all products offered on the EU market—whether new, used, repaired, or refurbished—meet safety standards for consumers. The regulation also provides exemptions, including for medical devices, pharmaceuticals, food, beverages, animal feed, live plants and animals, plant protection products, and antiques.

The cosmetics industry falls under Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products. This regulation establishes standards for cosmetic products available on the market to ensure a high level of health and safety for EU citizens. Since the cosmetics regulation already includes requirements introduced by the GPSR, cosmetics partially comply with the GPSR. Practical guidelines for applying the GPSR in the cosmetics industry have been prepared by the European association Cosmetics Europe, focusing particularly on Article 19 of the GPSR, which is crucial for e-commerce. This article specifies the information businesses must provide in product offers made available on the EU market via the internet or other distance selling methods.

According to these guidelines, distance selling offers must clearly and visibly include the following information:

  • The manufacturer’s name, postal address, and electronic contact (email or website). For cosmetic products, this means the offer must include the Responsible Person's details, even in a shortened form.
  • Product identification information, including photos, type, and other identifiers. "Type" refers to the product's function as defined by the EU cosmetics regulation. Additionally, the offer should describe available shades and sizes, product name, line, and trademark.
  • Warnings or safety information in a language easily understood by consumers. This includes specific precautions for use outlined in the annexes to the EU cosmetics regulation and specified by the safety assessor. These details should be translated into the national languages of the countries where the products are sold.
  • The Cosmetics Europe guidelines also explain that responsibility for compliance with Article 19 of the General Product Safety Regulation is shared between the Responsible Person and the retailer conducting distance sales. Consequently, the manufacturer or another Responsible Person must provide retailers with up-to-date information, while the retailer must publish and update this information. This applies to both physical and online points of sale. Moreover, Article 22 of the GPSR outlines the obligations of online marketplace providers concerning product safety.

Benefits of the GPSR

For consumers:

  • Greater product safety during use
  • Assurance that products are thoroughly tested and comply with EU standards
  • Faster responses to potential hazards and efficient product recall processes

For businesses:

  • Building trust in the brand by offering safe products
  • Reduced legal and financial risks associated with defective products entering the market
  • Opportunities to stand out from competitors due to high quality standards
  • The new GPSR introduces uniform safety regulations for products on the EU market, aiming to protect consumers and ensure the smooth functioning of the internal market. Key changes include the need to introduce safe products, maintain proper documentation, and cooperate with market surveillance authorities. The new regulations are expected to improve product traceability and monitoring on the market, thereby providing greater consumer safety.