- Specialist lawyer for intellectual property rights
- Advice at the highest level
- Specialized in product safety and product labelling
CE marking for consumer products
Lawyer Peter Weiler
Your contact person
Lawyer Peter Weiler Specialist lawyer for intellectual property rights
Experienced with product labels
- Specialist lawyer for intellectual property rights
- Years of experience in adapting products to the legal requirements
- Free initial consultation
- Available for you nationwide
Why do I have to CE mark my product?
In order for products to be sold in the EU, they often require a CE mark. The CE mark confirms that the manufacturer has tested the product for compliance with EU-wide safety, health and environmental protection requirements. It is a mandatory mark for all products that are manufactured worldwide and marketed in the EU.</p
The affixing of a CE marking on a product means that the manufacturer confirms that the product complies with all applicable European regulations and has undergone the required conformity assessment procedures. This is a declaration to the authorities.
When is CE marking mandatory?
The CE mark is only mandatory for products that are subject to the relevant EU regulations that require such marking. For some products, several EU regulations apply at the same time. Before the CE mark is affixed to a product, it must be ensured that it meets all relevant requirements. Products to which no regulations apply or for which no marking is required may not be marked with the CE mark.
Who is responsible for affixing the CE marking?
The responsibility for compliance with European regulations and the affixing of the CE marking lies with the manufacturer, regardless of whether he is established inside or outside the European Community. However, the manufacturer may appoint an authorized representative established in the European Community to act on his behalf.
What must the CE marking look like?
The CE marking must comply exactly with the specified standards. A minimum height of 5 mm is necessary to ensure sufficient legibility. In some directives, such as for machinery, personal protective equipment, active implantable medical devices, medical devices, potentially explosive atmospheres, elevators (for safety-related components), in vitro diagnostic medical devices, radio equipment and telecommunications terminal equipment, it is possible to deviate from the minimum dimensions for small products. This also applies to conformity marking in accordance with the Marine Equipment Directive. However, the proportions of the CE marking must always be observed.
When do I have to comply with the Product Safety Act?
The Product Safety Act (ProdSG) has been in force in Germany since 2011 and must always be observed when consumer products are made available, displayed or used for the first time on the market as part of a business activity. "Making available" means the supply of the product in commercial distribution. In contrast, "displaying" refers to offering or demonstrating a product for advertising purposes or for distribution. For you, this means that the provisions of the ProdSG must also be observed as an (online) retailer if you sell products that are intended for consumers or could be used by consumers. The responsibility cannot be shifted to the manufacturer, because you as a retailer are at least obliged to check whether the manufacturer has complied with its labeling obligation under Section 6 (1) sentence 1 no. 2 ProdSG. If they have not, the retailer is liable under competition law for these infringements (Federal Court of Justice, ruling from 12.01.2017, ref.: I ZR 258/15).
What obligations do I have as a manufacturer / distributor of consumer products under the ProdSG?
As a retailer and manufacturer of a consumer product, you must always keep consumer protection in mind. Consumers must be informed about possible risks in such a way that the information is easily accessible and possible deception is avoided.
Duty to inform
You must ensure that the consumer receives all necessary information about the risks of the product. According to Section 6 (1) sentence 1 ProdSG, risks refer to all possible dangers that may arise from a product during its expected service life and that are not immediately recognizable. For example, a cable break in an electrical appliance if it is not wound up properly.
The name and postal address of the manufacturer and, if the manufacturer is not based in the EU, the name and contact address of the authorized representative/importer must be indicated on the product or packaging. An internet address is generally not sufficient as a contact for traceability and identification, e.g. in the case of consumer warnings or product recalls. There must also be a clear marking to identify the product, such as brand, model and type. It must be affixed directly and permanently to the product. If this is not possible, it can also be placed on the packaging in justified cases.
Reporting and action obligations
You are obliged to carry out random checks regarding product safety. If you discover a risk, you must either recall the products or warn appropriately about the risk. If the product is defective, a mere warning is not sufficient. You are also obliged to investigate complaints and archive them if necessary. In addition, in the event of a product recall or a product warning, you must inform the affiliated dealers and the market surveillance authority responsible for you.
You must provide information on the identification of the product, the risks posed by the product and information with which the product can be traced back to the manufacturer, e.g. a delivery bill, as well as measures already taken to avoid the risk. In addition, according to Section 3 (4) ProdSG, the product must be accompanied by instructions for use in German. It is mandatory if certain rules are to be observed when using or maintaining a product that serve to ensure safety and health.
How do you best comply with the obligations
of the ProdSG?
The ProdSG states that the mandatory information must be affixed to the consumer product (not just on the packaging). Only in exceptional cases (e.g. liquids) can the marking be on the packaging, operating instructions or, if applicable, on the label. However, simply labeling the transport packaging (e.g. polybag for textiles) is not sufficient. For bulk goods (nails, thumbtacks, etc.), the product packaging must be labeled.
CE and GS marking
In the area of product safety, the CE and GS marks for consumer products are particularly well known. While the CE mark is a legally required test mark, the GS mark is a private, voluntary safety mark.
CE marking
In addition to the obligations mentioned above, you are also obliged to affix a CE marking to certain products, which serves as an indication to the market surveillance authorities in the cross-border movement of goods that the manufacturer is complying with internal market regulations. The letters CE stand for "Conformité Européenne", which means "European Conformity". After carrying out a conformity assessment procedure and drawing up an EU declaration of conformity, you affix the CE mark. Please note that the mark must be affixed permanently, clearly visible and legible on the product and that affixing the mark without fulfilling the safety requirements constitutes grounds for a warning.
GS marking
In addition to the CE marking, you may also use the GS mark under certain conditions. This stands for "Tested Safety". Unlike the CE marking, the requirements for the GS mark are checked by an external expert. This procedure elevates the GS mark to a test mark and national seal of quality. You must always obtain permission for this. However, the GS mark may not be used if it is provided with a CE mark and the requirements for the corresponding CE mark are at least equivalent to the requirements that apply to the GS mark. In this respect, the CE marking takes precedence over the GS mark.
What are the penalties for violations of the ProdSG?
Violations of the ProdSG are to be classified as violations of the market conduct rules of the UWG and can therefore be cautioned under competition law. In addition, authorities can intervene to impose fines or force you to recall your products.
Injunctive relief and claims for damages
Since many standards in the ProdSG are to be regarded as market conduct regulations within the meaning of the Unfair Competition Act, infringements can result in competition law warnings. In addition to claims for injunctive relief and information, competitors or authorized associations can demand compensation payments and the recall of products that violate the ProdSG. It is therefore important to have a warning letter checked directly by a lawyer specializing in warning letters in order to be able to check and, if necessary, modify any claims. Use the initial consultation form below to tell us about your case and we will get back to you within 48 hours.
Fines
In addition to warnings from competitors, you may also face official fines and regulatory proceedings. The fines can amount to up to 100,000 euros. The provisions on fines in Section 39 of the Product Safety Act (ProdSG) regulate which infringement can be subject to which fine. In addition, anyone who, contrary to Section 3 (4) ProdSG, does not include instructions for use with their product, for example, although they could thereby ensure the safety and health of persons when using the product, must also pay a fine. We provide you with sample instructions for use, which you can download easily and free of charge to avoid expensive fines. If you have any further questions, please use our initial consultation form.
Why go to a lawyer?
In addition to a warning and a fine, you may even be subject to criminal prosecution for incorrect labeling. Avoid a possible prison sentence of up to one year by labeling your products correctly from the outset. We will be happy to help you. Simply take advantage of our free initial consultation.
