May 28, 2024. Due to the rise of new technologies and online sales, the European Union replaced the regulatory framework of products not covered by specific legislation, the General Product Safety Directive (GPSD). Hence, on May 23, 2023, the EU published the General Product Safety Regulation (GPSR). The aim of this Regulation is to ensure a high level of safety of products placed on the EU market. Interestingly, certain provisions of GPSR (e.g. the obligations of providers of online marketplaces) apply to products already covered by sector-specific legislation as they concern new risks. Thus, the new requirements on information to indicate on online sales apply to cosmetic products as well.
GPSR applies as of December 13, 2024. Products placed on the EU market before that date and compliant with the previous Directive can remain on the market.
Many beauty accessories, such as combs, sponges, eyelash curlers, and make-up brushes fall within the scope of GPSR.
Obligations of manufacturers and appointment of an authorized representative
Manufacturers shall place on the market only safe products. To achieve this result, in the design and production process, they must minimize the risks linked to the intended and foreseeable use of the product. The remaining risks, if any, should be mitigated through some safeguards, such as warnings and instructions.
To ensure the safety of cosmetic products, GPSR establishes that manufacturers must, among others, perform the following tasks:
- Carry out an internal risk analysis;
- Draw up technical documentation and keep it up to date;
- Keep the technical documentation available for 10 years after the product has been placed on the market and make it available to competent authorities upon request;
- Have in place procedures for products to remain in conformity;
- Keep an internal tracker of complaints, recalls, and any corrective measures taken;
- Accompany the product with safety information and instructions in a language easily understandable by consumers – unless the product can be safely used without such information;
- In case of dangerous products, immediately take corrective actions, inform consumers, and market surveillance authorities.
However, the manufacturer (whether based in the EU or abroad) can appoint by written mandate an authorized representative to take over some of its responsibilities.
Obligations of importers
For imported products, the GPSR establishes some obligations on importers as well. The importer is responsible for ensuring that the product complies with the general safety requirements before entering the EU market. Furthermore, it must verify that the manufacturer has done the following:
- Carry out an internal risk analysis and draw up technical documentation;
- Added a type, batch, or serial number to the product for identification;
- Included their name, postal and electronic address on the product.
The details of the manufacturer and importer must appear on the product or, if not possible, on its packaging.
One of the main novelties of GPSR is the necessity for non-EU manufacturers to have an EU economic operator as defined in Regulation (EU) 2019/1020. This operator can be an importer, an authorized representative designated by written mandate, an EU-based manufacturer or a service provider established in the Union. The product or its packaging must bear the name and contact details, including postal and electronic addresses, of the responsible person for products placed on the Union market.
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