The sale of cosmetic products and the requirements of GPSR

On Friday 13 December 2024, new regulations on general product safety will take effect. Regulation (EU) 2023/988 - GPSR has already generated a lot of discussion due to, among other things, the regulations on new obligations and requirements for online sales. This also applies to the sale of cosmetics. 

The manufacture and marketing of cosmetic products is regulated by Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products, but some important issues are regulated by GPSR. Such an area includes the obligations of economic operators in the case of distance selling contained in Article 19 of the GPSR. This provision is addressed to operators who make products available on the market on the internet or otherwise at a distance.

Practical guidance on the application of the GPSR regulations in the cosmetics industry has been prepared by the European association Cosmetics Europe. The most relevant issues in Cosmetics Europe's guidelines relate to the labels required by GPSR and the responsibilities of actors in the supply chain. From a practical point of view, the following points, among others, are worth noting: 
▪the address and data of the producer or responsible person required in Article 19(a) and (b) do not need to be translated (e.g. into Polish) if they are understandable and written in the alphabet used in the country concerned;
▪ the proper identification of the responsible person follows from the provisions of the Cosmetic Products Regulation; 
 

▪ Under the provisions of the Cosmetic Products Regulation, a manufacturer established in the EU, producing cosmetic products within the EU which are not subject to export and import into the EU, is deemed to be a responsible person.

The correct identification of ‘who is who’ in the supply chain is not only of paramount importance in relation to the fulfilment of the relevant obligations, but also in relation to liability (primarily penalties) for breaches of the GPSR provisions.

It is worth noting that failure to comply with the obligations set out in Article 19 of the GPSR may result in an administrative fine of up to PLN 500 000, as provided for in the draft law on general product safety currently under consideration.