Failure to Comply: Risks of Non-Compliance

Failure to Comply: Risks of Non-Compliance

Evidently, non-compliant products enter the EU Market everyday -  whether the brand owner knowingly acts in this way or due to a lack of  knowledge imparted from EU importers/distributors.

As there is no  "pre-approval" in the EU Market, Competent Authorities focus almost  exclusively on conducting systematic surveillance of products which are being made available on the market. This can include pulling products  off shelves, stopping products at customs or even deploying online  checks to identify EU or non-EU based e-commerce shops which mention  that they ship to the EU Market.

Should you choose to take the  risk to ship cosmetic products to Europe which have not followed the  required path to compliance as detailed above, you should also be prepared for the consequences.

The main consequences include, but are not limited to:

  • Being publicly reported to RAPEX
  • Warehousing Fees
  • Requested Withdrawal
  • Mandated Withdrawal
  • Product Recall (from end-users and/or the market)
  • Complete ban on marketing of the product
  • Destruction of the product
  • Fines

Ultimately,  the prescribed actions that are to be taken in the case that a product  is found to be non-compliant will vary depending on the EU Competent Authority which identified the breach, the EU Member State, the  cooperation from the brand owner and the actions taken by the appointed  EU Responsible Person. Above all else, the professionalism and expertise  of the appointed EU Responsible Person in dealing with  various Competent Authorities and handling such situations play a vital  role in the successful recovery of your brand in the EU Market.

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