Regulatory obligations… associated legal sanctions. Who, in France, can carry out a compliance survey of cosmetic product labels? What criminal sanctions can result? What civil actions can be taken? Answers with Cyril Chauvin, Counsel to the Court.
In France, public health pharmacists inspectors, inspectors from regional health agencies with the status of pharmacist, inspectors from the Agence nationale de sécurité du médicament et des produits de santé (ANSM), public health inspectors and inspectors from regional health agencies with the status of doctor, agents from the Direction Générale de la Concurrence, de la Consommation, et de la Répression des Fraudes (DGCCRF) and agents from the Direction générale des douanes may carry out compliance investigations of cosmetic product labels.
After examining a complaint or following an investigation, criminal proceedings against the person(s) responsible may be brought before the criminal courts and result in criminal sanctions.
If no criminal proceedings were opened, any person (consumer, professional buyer, competitor, a holder of a distinctive sign but also consumer associations and professional trade unions) who has suffered damage could bring a civil action for civil liability before a civil court to obtain a civil sanction.
Criminal sanctions relating to the labelling of products
Criminal liability refers to the punishment or amendment of the individual who commits a specific legal offence (ticket, offence, crime). The strict principles of criminal law apply and may result in the offender being sentenced to a penalty (fine, …
