Observe warnings when selling consumer goods

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.

As Internetrecht Rostock reports, there is a large number of staturory regulations that prescribe warning labels for certain products. An example is the Consumer Goods Ordinance (Bedarfsgegenständeverordnung, BedGgstV), which lists e.g., prohibited substances, prohibited processes or maximum quantities of certain chemical substances in certain products.

The BedGgstV governs e.g. the labelling of footwear products, in particular the material specification of upper material, lining and cover sole as well as outsole. In addition, the BedGgstV also contains information obligations or the commitment to provide warnings for certain products: “According to Section 9 of the 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 indicated in the German language,” the report continues.

For example, a missing warning notice for balloons may possibly be anti-competitive, as the warning notice “Zum Aufblasen eine Pumpe verwenden!” (“Use a pump to inflate!”) must be displayed on the packaging as well as on that of individual packages in the case of balloons. According to the law firm, it has received a written admonition in this regard.

The BedGgstV warning notice is an exclusively German regulation. Consequently, when selling balloons in Germany, special regulations must be observed that do not apply in other EU member states. trade-e-bility had already reported extensively on the problem of the different EU packaging labels in each country.

Labelling of packaging is only a single aspect

This topic by far does not only concern the labelling of packaging or products, but also compliant information in the online store and in the instructions for use, e.g., CLP labelling, ecodesign labelling, energy efficiency label, CE mark, WEEE labelling, manufacturer information, UN 38.3 Labelling of batteries or disposal labels (e.g., Triman, Mobius Loop, Tidyman, 97/129/EC, sorting indications). In this case, e.g., by means of an EU labelling inspection of your products, costly risks can be avoided. Investing in own auditing measures pays off, as the costs of non-compliance are usually many times higher.

Michael Dierkes from trade-e-bility will be glad to advise you. Please call +49/40/750687-300 or send an e-mail message to beratung@trade-e-bility.de about solutions with which you can secure your sales success story in the field of “Product Compliance”.

Michael Dierkes
Contact

Graduate economistMichael Dierkes
Sales Manager

Phone: +49 40 75068739-7

beratung@trade-e-bility.de