The General Product Safety Regulation (GPSR) sets labelling requirements for essentially all consumer products sold in the European Union. More specifically, it sets requirements that concern the product, manufacturer, and contact details. The GPSR also sets requirements that concern instructions, and age suitability.
In this guide, we take a closer look at the articles under the General Product Safety Regulation that reference labelling requirements.
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Which products require labelling under GPSR?
The General Product Safety Regulation is applicable, at least in principle, to almost all consumer products sold in the EU. This includes children’s products, furniture, gym equipment, textiles, and so on. That being said, many products are already subject to other regulations and directives with similar or even identical labelling requirements.
Further, the General Product Safety Directive, which is now replaced by this Regulation, already contained similar labelling requirements.
General labelling requirements
The following labelling requirements can be founder under Article 9:
5. Manufacturers shall ensure that their products bear a type, batch or serial number or other element enabling the identification of the product and which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
6. Manufacturers shall indicate their name, their registered trade name or registered trade mark, their postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product.
Type, batch or serial number
This could include the product name, and batch or serial number. The batch number is important as it makes it possible to connect the product to a specific production run. This enables companies to inform the public of safety issues caused by manufacturing defects.
That being said, the General Product Safety Regulation does not provide a format for batch numbers. Generally speaking, a batch number should make it possible to identify the following:
- Product model/variation
- Manufacturing date
- Manufacturing location
Name, their registered trade name or registered trade mark
The company name must be indicated to ensure that the manufacturer can be identified.
Postal and electronic address
This refers to the company address and some form of electronic address. This could perhaps relate to a website URL or email address.
Warnings labels, instructions, and age suitability
Article 6 mentions warnings, instructions, and age suitability labelling as aspects relevant to ensuring the product’s safety:
(d) the presentation of the product, the labelling, including the labelling regarding age suitability for children, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;
Age Suitability
Age suitability labelling could potentially specify which age groups a certain product is suitable for. That being said, age suitability labelling is never a substitute for ensuring that a product is safe. Neither can age suitability labels be applied arbitrarily. For example, you cannot go around safety standards concerning baby cots or pacifiers by claiming that these are suitable for older children.
Warnings
Warnings can help the consumer understand when to exercise caution, or how to not use a certain product. The GPSR does not provide the exact wording. That said, warning texts and symbols can sometimes be found in product standards.
It is also important to understand that warnings are not a substitute for ensuring that a product is safe – which in practice means that the product must be compliant with applicable product standards.
Instructions for its safe use and disposal
The GPSR also mentions that instructions for safe use and disposal may be required.
Language requirements
Article 22 states the following in regard to the language of label information:
(d) any warning or safety information to be affixed on the product or to accompany it 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.
Generally speaking, label information must be provided in the official languages of the Member States where you sell the product. As such, you may be required to ensure that all warnings and other label information are translated into multiple European languages.
This can be tricky for e-commerce companies, who are making the product available in the entirety of the European Union.
Where should the GPSR label be placed?
The GPSR states that the label information must be affixed on the product, or where the size or nature of the product does not allow it, that the label information is printed on the packaging or in a document accompanying the product.
As such, there are three options:
1. Print on the product
2. Print on the packaging
3. Print on an accompanying document, such as the user instructions
However, affixing the label information to the product itself seems to be the preferred method, considering that the other two options require that the label information cannot be affixed to the product.
It’s also a good idea to keep photocopies of the label placement, in case this is requested by Amazon or the customs authorities. This is standard practice when they want to verify if a product is correctly labelled.
Who is responsible for ensuring that the product is correctly labelled?
Article 9 states that the manufacturer is responsible for ensuring that the product is correctly labelled. However, manufacturers also include companies that have products of their own design or with their own brand made by third-party producers. As such, a company sourcing and buying private label products through Alibaba.com would be considered a manufacturer under the GPSR.
Importers
Article 11 states that certain importer information must be affixed to the product:
3. Importers shall indicate their name, their registered trade name or registered trade mark, their postal and electronic address and, where different, the postal or electronic address of the single contact point at which they can be contacted.
Distributors
Article 12, which covers the obligations of distributors, does not mention labelling requirements.
How can we ensure that a product is correctly labelled?
Our recommendation is that you never assume that your supplier will ensure compliance with the labelling requirements under the GPSR. Instead, the best approach is to create label files that include the required information. For the most part, the requirements are straightforward and easy to follow.
That said, warnings, instructions for safe use and age suitability labelling require that you do a proper risk assessment in order to ensure that these address identified risks.
You will also likely need to buy relevant product standards, which can also include warning texts.
What can happen if the product is incorrectly labelled?
Products without the required labelling information can be subject to recalls. As such, failing to comply with the labelling requirements under the General Product Safety Regulation can be extremely costly, and it’s not certain that you will be given a chance to relabel your products – assuming that is even technically possible.
Hi,
Is it possible that warnings and instructions are provided in digital form such as link or QR code, as long as the regulation does not specify in what form should these accompany the product?
Thank you in advance.
You can provide Digital information, but only in addition to physical information. Which seems crazy for 2024, but is quite clear in the legislation.
Hello,
The same questions like previous from Jonathan and few additional.
I want to ask is the purchasing order number required on GPSR label? Do this label must be permanent? For example how it can be used for covers for foam or spring mattresses, which are washable.
HI, I have 2 questions:
1) Although there is space on some of our products to apply a label, it is not financially viable. A sticker would not adhere to the surface and if we were to print it on using ink, the extra cost would make the product unsaleable. Can we assume this falls into ‘the nature of the product does not allow it’?
2) Type, batch or serial number. Again, if we were to add serial or batch number to each product the extra cost would make the product unsaleable. On the packaging we already apply a label with product name and product code. Do you think this is sufficient?
Thank you