According to Section 9 of the German Consumer Goods Ordinance (BdeGgstV), the articles listed in Annex 7 of the Ordinance may only be placed on the market if the warnings listed therein are indelible, clearly visible, easily legible and in the German language.
The substance is found in paints and coatings. If the threshold is exceeded, ECHA must be informed via a corresponding entry in the SCIP database, as well as the next recipient of the product in the supply chain. In addition, there is a duty to provide information to the customer for B2C sales.
In a competition law case, the Higher Regional Court (OLG) of Frankfurt/Main laid down comprehensive obligations for the operator of an online marketplace if products that do not comply with product law are sold via its platform.
The new Section 5 (3) No. 2 of the German Unfair Trading Act (UWG) contains provisions on the so-called ‘dual quality’ of goods. The background to this was based on complaints from some member states that products of inferior quality were being marketed under the same brand.
This is a major challenge for manufacturers, importers in general and importers of electrical and electronic products in particular. After all, it must be ensured that tetrabromobisphenol A (TBBPA), currently the most commonly used flame retardant, is replaced.
A study by the Freiburg-based Öko-Institut found that the replacement of cadmium (Cd) in so-called quantum dots does not reduce the ecological disadvantages by using substitutes. Quantum dots are used for image enhancement in LED displays. The previously existing exemption for this use of cadmium thus remains in place for a further number of years.
Failure to comply with labelling and information requirements constitutes grounds for an admonition in writing and should therefore be avoided. For instance, a competition association is currently issuing warnings to retailers of electrical goods in this field.
Disposal labels, in particular, are considered to be “absolutely chaotic”. Each country does something different, has or is planning its own logo or, above all, tries to avoid confusion with packaging labels from other EU countries.
Evidently, the Federal Network Agency demands EU declarations of conformity and samples, especially for electronic products, and sets an extremely short deadline of only one week. This is especially a problem for distributors who have no or only outdated declarations of conformity.
Accordingly, “containers of food in portion sizes for more than one person or containers of food in portion sizes for one person where more than one unit is sold” are no longer covered by Directive (EU) 2019/904 and are therefore exempt from its restrictions.