EU Court Ruling: Mandatory Labeling in the Language of the Destination Country for Online Cosmetic Sales
The Court of Justice of the European Union (Third Chamber) issued a significant ruling on September 19, 2024, in case C-88/23, clarifying the rules for online sales of cosmetics between EU countries.
According to the ruling, a company selling cosmetic products online from one EU country to another must comply with EU labeling regulations, ensuring that product information is provided in the language of the destination country.
The Case: Selling Cosmetics in Sweden with German Labels
The dispute involved a German company selling cosmetics in Sweden through its e-commerce platform, without translating the labels into Swedish. A Swedish company, responsible for the distribution, challenged this practice before the Swedish Intellectual Property and Market Court, which ruled in favor of the Swedish company, banning the sale of cosmetics without labels in the local language.
EU Regulation on Distance Selling and Labeling Requirements
The Court emphasized that, under Article 6 of Regulation (EU) 2019/1020, a product sold online is considered available in the EU market if the company targets its offer to end-users in an EU member state.
Additionally, the ruling clarified that labeling regulations do not fall under the scope of Directive 2000/31/EC on e-commerce. Therefore, companies cannot invoke the country-of-origin principle to avoid compliance with the language requirements of the destination country.
Under Regulation (EC) No 1223/2009 on cosmetics, labels must be provided in a language understandable to end-users to ensure consumer safety.
Implications for E-commerce Cosmetic Websites
Following this ruling, companies selling cosmetics online in the EU must carefully consider where their products are marketed.
🔹 If an e-commerce site explicitly targets multiple EU countries, products must feature labels translated into the official language of each destination country.
🔹 If a site is designed exclusively for one EU country (e.g., only in Italian for the Italian market) but receives occasional orders from other EU countries, the requirement for multilingual labeling may be subject to interpretation.
How to Avoid Risks in Online Cosmetic Sales in the EU
To minimize the risk of penalties, cosmetic brands, and e-commerce businesses can implement the following strategies:
- Specify the target countries on the website, including any sales restrictions.
- Use multilingual labels for products intended for multiple EU markets.
- Ensure compliance with the local regulations of each destination country.
The Ruling Applies Only to EU Countries
It is important to note that this ruling specifically applies to online sales between EU countries and does not affect transactions between the EU and non-EU countries.
Cosmetic brands selling online in the EU must comply with multilingual labeling regulations to avoid legal disputes and ensure adherence to consumer protection standards.
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