It is fantastic that we can trade freely with in the EU. However, several EU directives and regulations accompany the import as well as the export of commercial goods. Compliance with these requirements can be a challenge!
Many directives only concern products that are “put in to circulation”, i.e. the provision of goods for sale or use.
This is where §6 Abs. 2 Prod SG comes into play. According to this paragraph, the distributor must affix his/her own contact address or that of a representative within the European Union to his/her products.
Example: Suppose you are a hair dresser who has developed your own line. You’re very happy to finally have your product in your hands. Full of enthusiasm, you start selling your product on the Internet. Now you’re selling one of your hair care sets to a European via Amazon. Unfortunately, you forgot to put an address on the product packaging. The attentive buyer won’t even find a contact address for you on the bottle itself. Now it could happen that this “buyer” is a competitor of yours who senses his opportunity. Not only does he enjoy his well-groomed hair, he also has the opportunity to have you warned. He puts his plan into action as soon as possible.
Unfortunately, violations of the Product Safety Act have unpleasant consequences:
– You get a warning with a cease-and-desist order and are asked “nicely” to stop selling immediately.
– You have 24 hours to take your product off the market. If you send even one more unit to a customer, it can be expensive: Very high fines await you. In addition, you may face horrendous legal fees.
This is not a horror scenario, but every day life in the EU.
Write us an e-mail, because we have the solution for you.
- We will represent you in the EU and take care of the whole process for you. Simply because we take care of the market launch for you.
- For you this means: risk-free action.
Possible consequences by authorities (market monitoring measures)
You may no longer be able to “put your product on the market” and sell it. You may need to improve your products. Maybe you will be forced to do a recall.
Your products may beseized and destroyed.
- You may be fined up to €100,000 or more. The fines are always higher than the economic advantage you have gained.
Possible consequences of competitors