Understanding the EU GPSR: What It Means for the Cosmetics Industry

Cosmetics placed on the EU market are primarily regulated under Regulation (EC) No 1223/2009 (the Cosmetics Regulation), which establishes a comprehensive framework covering product safety assessment, responsible person (RP) designation, product notification, labelling, and post-market surveillance requirements. Compliance with these provisions forms the foundation for marketing cosmetic products in the EU.

In addition to sector-specific rules, cosmetics may fall under horizontal EU regulations covering areas such as chemical safety, packaging, and general product safety. The Regulation (EU) 2023/988 on General Product Safety (GPSR), adopted in 2023 and in force across Member States since December 13, 2024, is one such horizontal regulation. While cosmetics are mainly governed by dedicated legislation, certain provisions of the GPSR still apply to the sector.

The following sections examine the modernized safety and accountability obligations established by the GPSR, and provide a detailed breakdown of the digital disclosure requirements now mandatory for the cosmetics industry.

Key Features of the EU GPSR

The EU first established a general product safety framework in 2002 with Directive 2001/95/EC on General Product Safety (GPSD). While the GPSD set basic safety requirements for consumer products, two decades of technological developments and the growth of online sales exposed gaps in market surveillance. To address these challenges, EU adopted the GPSR, which repeals the GPSD and establishes a modernized framework that clarifies safety obligations, assigns responsibilities to key market participants, and strengthens rules on market surveillance.

Standards for Product Safety

Under the GPSR, economic operators are required to place or make available on the market only safe products. A product is considered safe if, when used normally or as reasonably intended, it poses no risk—or only minimal risks acceptable for its intended use—in line with a high level of protection for consumer health.

To fulfill this requirement, product safety must be assessed with particular attention to:

1) The product's characteristics;

2) The product's effects on other products;

3) The effects that other products might have on the product;

4) The product's presentation and labelling;

5) The categories of consumers likely to use the product;

6) The product's appearance (particularly if it imitates food or appeals to children);

7) Cybersecurity features, and any evolving, learning, or predictive functionalities of the product.

Products may also be presumed safe if they comply with relevant European standards referenced in the EU's Official Journal. In addition, safety assessments may consider national and international standards, voluntary certification schemes, and reasonable consumer expectations.

Obligations of Key Market Participants

The GPSR delineates specific duties for market participants based on their functional role within the product lifecycle. These actors are categorized into two primary groups:

• Economic Operators: Manufacturers, authorized representatives, importers, and distributors responsible for physical and legal compliance.

• Providers of Online Marketplaces: Intermediary service providers facilitating distance contracts, responsible for maintaining a safe and transparent digital environment.

The following table summarizes the core obligations of these participants as mandated by the GPSR: