The Advocate General of the European Court of Justice: -Cosmetics and Hair Care Products sold online within the EU must comply with the language requirements of the receiving country
The Advocate General of the European Court of Justice: -Cosmetics and Hair Care Products sold online within the EU must comply with the language requirements of the receiving country
That products sold within the EU must comply with EU regulations and directives on how the product should be labeled and in which language any warnings should be written may not come as a surprise, but for a long time there has been a lack of clarity about what applies when a company sells a product over the internet to a consumer in another EU country. The Advocate General of the European Court of Justice believes that it is the language requirements of the recipient country that apply.
Incorrectly labeled products
In 2020, the trade association Kosmetik- och hygienföretagen, KoHF sued, via its service company KTF Organization AB, the German company Parfümerie Akzente GmbH in the Patent and Market Court in Stockholm. The company sold, via its website https://www.parfumdreams.se/, among other things, hair bleaching products for professional use without safety information and instructions for use in Swedish, and hair sprays without fire hazard warnings.
The Patent and Market Court ruled Parfümerie Akzente to cease this sale, but the company then appealed to the Patent and Market Appeal Court, which asked the European Court. The European Court's Advocate General has now come up with his proposal for a preliminary ruling and states that it is the recipient country's language requirements that apply.
Competition on equal terms
Warning texts, symbols and instructions for use are for consumers to be able to use products correctly and safely. The companies that deliver products in Sweden, and traders in Sweden must of course follow the laws that apply. The attorney general explains that this also applies to companies that target the Swedish market but sell over the internet from another EU country.
This is a good statement, we cannot have laws and regulations that only apply to certain companies in a market. Either they apply to all or they have to be removed, says KoHF CEO Olof Holmer.
The Attorney General's statement is also important for the EU to be able to maintain its high level of consumer protection, but also for all suppliers and traders in Sweden and Europe who invest considerable resources to be compliant with the EU regulations in all European countries.
What happens now?
The European Court of Justice must now announce a so-called preliminary ruling and it normally goes along the lines of the Advocate General, sometimes with some adjustments. After that, the case is brought back to the Patent and Market Appeal Court in Stockholm, which determines the final verdict. These things can take a few months.