It’s a ban that isn’t really a ban at all. However, Decree No.2024-373 officially sets out “the terms and conditions for applying the ban on distributing a product sample to a consumer, without their request, as part of a commercial approach.” It was published as part of the implementation of the “Climate and Resilience” Act of 22 August 2021.
The text defines the concept of a sample and sets out how consumers are to be informed.
Sample
A product sample supplied as part of a commercial approach is defined as a small quantity of goods packaged differently from the product marketed and given to consumers free of charge.
Foodstuffs that are not pre-packaged and are given to consumers free of charge for immediate consumption on the spot are excluded from this definition. This is not the case for samples of cosmetics or perfume.
Information for consumers
Any professional who makes product samples available to consumers may inform them by any means that these samples may only be given to them at their request.
Where the professional uses a means of distance communication, the first request made by consumers allows successive samples to be supplied until they waive their right to do so.
Entry into force
The text came into force the day after its publication, i.e. on 26 April 2014.
Source
• Décret n°2024-373 du 23 avril 2024 relatif aux conditions et modalités d’application du V de l’article L. 541-15-10 du code de l’environnement, Official Journal of the French Republic, Text 2 on 132, 25 April 2024
