New challenges and responsibilities for cosmetic product manufacturers in light of GPSR

The legislator exempted certain product groups from the GPSR regulation (e.g. medicinal products, food, feed, plant protection products, antiques), but did not apply this exemption to cosmetic products. And consequently, actors in the supply chain of this product group will have to face the new requirements, and the right ones are already facing them, in order to make their operations comply with the aforementioned regulation from 13 December 2024.

With regard to products, it is worth noting that the requirements of the GPSR will apply to products that were originally intended for professional use only, but which have at a later stage reached the consumer market.
Among the key obligations of the manufacturer under the GPSR are, first of all, the issues of documentation or appropriate registers (an internal register of these complaints and a register of recalls and corrective measures taken to ensure product compliance).

If a manufacturer sells products covered by the GPSR online, it too must review whether it is doing so in compliance with the regulations. The regulation also imposes safety obligations for online sales, so e-commerce offerings will need to be adapted to the new legal product safety requirements, such as clear and visible product and manufacturer information or appropriate warnings.
And there is another important practical issue. Products placed on the market before 13 December this year should not encounter any obstacles to marketing in the EU, provided that they comply with the requirements of Directive 2001/95/EC (to be repealed by the GPSR Regulation) on product safety.

More on:
 ▪ key definitions of GPSR;
 ▪ the new obligations of actors in the supply chain of products covered by the GPSR; 
 ▪ the legal sale of safe products (including cosmetic products) in light of the GSPR;
 ▪ guidelines for the cosmetics industry resulting from the GPSR published by Cosmetics Europe; 
 ▪ liability for violations of the GSPR.