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The European Court of Justice: Cosmetics and Hair Products sold online within the EU must comply with the language requirements of the receiving country
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. That 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 European Court of Justice verdict is that it is the language requirements of the recipient country that applies.
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, haircoloring and hair bleaching products without safety information and instructions for use in Swedish, and hair sprays without fire hazard warnings in Swedish.
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 of Justice. The European Court of Justice has now come with its judgement, it is the recipient country's language requirements that apply.
Competition on equal terms
Warning texts, symbols and instructions for use exists for consumers to be able to use the products correctly and safely. The companies that deliver products in Sweden and retailers in Sweden must of course follow the laws that apply. The European Court of Justice judgement implies that this is also apply for companies that target the Swedish market but are selling online from another EU country.
- This is a good judgement; we cannot have laws and regulations that only apply to certain companies in a market. Either they apply to all, or they should be removed, says KoHF CEO Olof Holmer
- The judgement 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, Olof concludes.
What happens now?
The case will now go back to the Patent and Market Appeal Court in Stockholm, which determines the final judgement, this can take a few weeks.
The European Court of Justice verdict can be read here in Swedish:
And in French:
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