Product regulatory updates: new EU rules on general product safety, labelling, and liability

New General Product Safety Regulation 

On 13 December 2024, a new EU regulation on general product safety, Regulation No. 2023/988, (the "GPSR"), entered into force, replacing the previous General Product Safety Directive (2001/95/EC). 

The GPSR retains the core objective of its predecessor: to ensure health and safety of consumers while also addressing gaps and risks not covered by existing EU-specific safety legislation. 

The GPSR outlines obligations for all economic operators in the distribution chain of products subject to its provisions. 

The regulation applies to all products placed or made available on the EU market, unless the safety of those products is subject to another specific EU regulation with the same objective (Article 2 of the GPSR). Consequently, all companies producing or distributing products in the EU should comply with the rules in general unless a stricter product-specific regulation applies. 

The overview below highlights key changes introduced by the GPSR. 

Internal processes for product safety

All economic operators are now required to ensure that they have internal processes for product safety in place, ensuring compliance with the relevant requirements of the GPSR to prevent the placing on the market of dangerous products (Article 14 of the GPSR).

Economic operators must tailor these internal processes to their specific role within the supply chain and the types of products concerned. These processes may be based on organisational procedures, guidelines, standards, or the appointment of an ad hoc manager.

Online marketplaces are also subject to the requirement to have internal processes for product safety in place. Furthermore, online marketplaces are required to cooperate with market surveillance authorities when a dangerous product is identified on their platform. Market surveillance authorities may instruct online marketplaces to remove such dangerous products from their platforms (Article 22 of the GPSR). 

Responsible person for products placed on the EU Market

A product cannot be placed on the market unless an economic operator has been established in the EU who is responsible for ensuring that the product complies with technical standards and requirements. This operator must also ensure that relevant documentation and safety information are accessible to authorities (Article 16 of the GPSR).

Information requirements for distance sales 

For products made available online or through other means of distance sales, stricter information requirements now apply to economic operators. 

These obligations include ensuring that the name, registered trade name, and both the postal and electronic addresses for contact are visibly indicated at the time of sale (Article 19 of the GPSR). 

Additionally, products must be identifiable, including through an picture of the product, its type, and any other product identifier at the time of sale. In this connection, we note that in Denmark the Ministry of the Interior and Health, following dialogue with the Ministry of Industry, Business and Financial Affairs, has raised concerns to the Health Committee under the Ministry of the Interior and Health regarding potential conflicts between the Danish display ban on tobacco products in online sales and the requirements under Article 19 of the GPSR. This highlights the need for businesses operating in multiple EU jurisdictions to carefully assess national regulations in light of the GPSR's provisions. Plesner is closely following any developments in this regard.

Notification of authorities in the event of accidents

In the event of an accident caused by a product placed or made available on the market, manufacturers are required to notify the competent authorities through the Safety Business Gateway - a web portal for reporting dangerous products and accidents (Article 20 of the GPSR).

Remedies in the event of a product safety recall 

In the event of a product safety recall initiated by an economic operator or ordered by a national competent authority, the economic operator responsible for the product safety recall must offer the consumer one of the following remedies: the repair of the recalled product, a replacement, or an adequate refund. However, the consumer must be offered a choice between at least two of these remedies (Article 37 of the GPSR).

Access to submit complaints

Enabling consumers to submit complaints is vital in terms of raising awareness among national authorities regarding safety and effectiveness in market surveillance activities. Accordingly, it follows from Article 9 of the GPSR that manufacturers must make available publicly accessible communication channels enabling consumers to submit complaints or report safety concerns directly to the manufacturer. Manufacturers are required to maintain an internal register of such complaints.

Classification, labelling and packaging of chemicals

On 10 December 2024, the new Regulation (EU) 2024/2865 on classification, labelling and packaging of chemicals entered into force (the "Amending CLP Regulation"), introducing amendments to the existing CLP Regulation (EU) 1272/2008 (collectively referred to as the "CLP Regulation").

The purpose of the regulation is to ensure the accurate classification, labelling, and packaging of hazardous chemicals, enhancing transparency and safety while protecting human health and the environment. It applies to companies manufacturing, importing, and/or distributing chemicals within the EU. 

Below, we outline some of the most significant changes introduced by the Amending CLP Regulation. 

New classification rules for substances  

Article 1 of the Amending CLP Regulation introduces a new "method" for evaluating and classifying substances containing multiple constituents ('complex substances'). Consequently, classification of complex substances must consider the properties of all individual known constituents, including identified impurities and additives, as well as the substance as a whole. 

This approach aims to ensure a more accurate classification process by aligning the rules for complex substances with those for mixtures. 

These new classification rules for complex substances apply from 1 July 2026 and include several transitional periods for implementation.

New rules on labelling  

The new rules on labelling can be grouped into two categories: (i) new labelling design requirements, and (ii) fold-out labels and digital labels.

Several changes have been made to label design requirements to enhance readability, including:  

• minimum dimensions of labels, pictograms, and font size of letters
• text to be printed in black on a white background
• use of fonts without serifs 
• font and letter spacing designed to ensure readability

These new labelling design requirements are set out in Article 2 and Annex 1 of the Amending CLP Regulation and apply as of 1 January 2027.

The Amending CLP Regulation additionally introduces more flexibility in relation to labelling options. Fold-out labels, which were previously restricted to specific packaging, are now permitted for all packaging sizes, provided they meet readability and formatting requirements.

In addition, mandatory labelling information may now also be provided in a digital form ('digital label') in addition to a physical label. The digital label further allows for supplementary (non-mandatory) information to be provided only in digital format, e.g., for safety purposes.

Suppliers must ensure that digital labels comply with general rules and technical requirements, including those concerning placement, searchability, accessibility, and related standards.

These new rules on fold-out labels and digital labels apply from 1 July 2026.

New advertisement rules  

The Amending CLP Regulation stipulates that any advertisement for a hazardous substance or mixture, including distance sales, such as online sales, must contain hazard pictograms, signal words, hazard statements, and supplemental EUH statements. Non-visual advertisements are exempted from this requirement. 

In addition, any such advertisement for sale to the general public, including non-visual advertisements, must be accompanied by the statement: "Always follow the information on the product label".

Advertisements for hazardous substances or mixtures must not contain statements contradicting the product's classification, such as 'non-toxic' or 'non-harmful'. 

The revised rules on advertisement apply from 1 July 2026.

Product liability

On 9 December 2024, a revised Directive on liability for defective products (EU) 2024/2853 entered into force (the "PLD").

The PLD introduces several amendments aimed at reflecting the emergence of new technologies, including artificial intelligence (AI). These changes include updates to the definition of "products" and the types of damage covered. Furthermore, the PLD enables consumers to seek compensation for damage caused by products manufactured outside the EU. In such cases, the importer of the product or the EU-based representative of the foreign manufacturer may be held liable.

Member States must implement the PLD no later than on 9 December 2026, on which date the current Product Liability Directive (85/374/EEC) is repealed. 

Plesner is closely following the implementation process.

Read the new General Product Safety Regulation (GPSR)

Read the Amending CLP Regulation

Read the Product Liability Directive (PLD).