We’ve mostly heard about this in the context of class action lawsuits or insurance schemes. But have you noticed that it also applies to cosmetics? Have you noticed the mind-boggling increase in penalties for cases of fraud detected by the authorities? Have you changed how your Terms of Sale are displayed on your website to comply with the new requirements? Sylvie Gallage-Alwis, from the Hogan Lovells law firm, reviews the main points of the ‘Consumption’ law that apply to the cosmetics sector.
The ‘Consumption’ law is a ‘cross-disciplinary’ law that applies to several economic branches and comes in addition to industry regulations, meaning Regulation 1223/2009 in the case of cosmetics.
Dated 17 March 2014, it has now taken effect. For Ms. Gallage-Alwis, ‘it changes everything in risk analysis when you place a product on the market’. And in this case, the Responsible Person for the cosmetic product must not only ensure safety – he must also control the entire marketing chain (labelling, sales materials, advertising, etc.), down to the last detail of a website or online shop.
‘In the commercial relationship, the consumer is considered to be the weak party,’ explains the lawyer, ‘who must be protected… from everything!’ That is the purpose of the ‘Consumption’ law, which transposes European Directive 2011/83 on consumer rights.
It’s main objectives? Improve consumer information, reinforce the power of the authorities, reinforce the contractual rights of consumers. Three points have a particular impact on the cosmetics sector: class action (even if the ‘danger’ does not seem to be immediate), the amount of penalties, and the reinforcement of consumer rights on the Internet.
Class action
Have you heard of American class …
