It is not revolutionary in its principle, since its aim is to ensure that products on the market are safe. But it deserves to be fully understood, particularly in terms of its impact on the cosmetics sector. At the Cosmetic Valley’s 22nd Congress on Regulatory Issues - Fragrance & Cosmetics, Xavier Guéant, Legal, Economic and International Director of the FEBEA, set out to clarify the obligations arising from the European General Product Safety Regulation (GPSR).
Published on 10 May 2023, this direct-effect text replaces two directives, Directive 2001/95 on general product safety, and Directive 87/357 on products which, appearing to be other than they are, endanger the health or safety of consumers, and comes into force on 13 December 2024.
The text follows on from these two directives, but with some new features designed to better achieve the objective of product safety.
The main principles
The GPSR aims to cover products under a general safety principle.
Responsibility for product safety lies with professionals, each according to their role in the distribution chain. The idea here is to take account of new modes of consumption and distribution, particularly e-commerce, marketplaces, social networks and the many other online interfaces that enable products to be purchased directly.
Among the tools available to ensure product safety, particular emphasis is placed on harmonised standards and sector-specific texts, such as the Cosmetics Regulation.
The text also provides a framework for the management of unsafe products and the procedures for alerts, withdrawals and recalls, in particular through the Safety Gate, an interface open to all stakeholders (authorities, operators who place products on the market, consumers).
The Member States are responsible for market …
