In May 2023, the EU published the new Regulation 2023/988 on general product safety (GPSR), which will come into force after a transitional period from 13 December 2024 and replace the previous Directive 2001/95/EC. The GPSR aims to ensure that only safe products are sold in the EU and contains extended requirements, particularly for online trading.
However, not all provisions of the GPSR apply to cosmetic products, as they are already subject to the Cosmetics Regulation (Cosmetics Regulation), which sets out specific safety requirements. The GPSR is therefore only relevant in areas that are not regulated by the Cosmetics Regulation.

Scope of the GPSR for cosmetics
The GPSR supplements the Cosmetics Regulation with regard to online sales and distance selling, in particular through Article 19, which sets out additional information requirements for distance sales. According to the GPSR, "economic operators" - manufacturers, authorised representatives, importers, distributors or fulfilment service providers - are responsible for complying with Article 19. However, the "responsible person" (RP) named in the Cosmetics Regulation, who ensures compliance with the cosmetics regulations, cannot - litterally interpreted - be directly bound by Article 19 of the GPSR, as they do not usually place products on the market themselves - since this is a prerequisite for the application of Article 19.
Obligations under Article 19 GPSR
If an economic operator offers cosmetic products online or at a distance, certain information must be provided clearly and visibly. This includes:
- Name, trade mark, postal address and electronic address of the manufacturer
- If the manufacturer is based outside the EU, the contact details of the "responsible person" must be provided.
- Product identification data, including an image of the product and its characteristics.
- Warnings or safety information in the language of the respective member state.
The electronic address here means either an e-mail address or a website address. In the original German version of the GPSR, only an e-mail address was required; however, this was subsequently changed to provide flexibility.
Article 19 (d) of the Cosmetics Regulation requires the labelling of " special precautionary information"; these are listed in Annexes III to VI of the Cosmetics Regulation; in addition, further safety instructions and warnings recommended by the product safety assessor in accordance with Annex I Part B.2 of the Cosmetics Regulation may be printed on the label under the responsibility of the responsible person under the Cosmetics Regulation. The above-mentioned information components must correspond to the information required in Article 19(1)(d) of the GPSR.
This information serves the purpose of transparency and safety in online trading and is intended to ensure that the consumer receives the necessary information to assess the safety of a product.
The role of the "responsible person" - under the Cosmetics Regulation and the GPSR
The Cosmetics Regulation stipulates that for imported cosmetic products, each importer is the "responsible person" for the specific products he places on the market; the importer may, by written mandate, designate a person established within the EU as the responsible person who accepts the mandate in writing. "Responsible person" within the meaning of Article 19 of the GPSR is "the responsible person within the meaning of Article 16(1) of the GPSR or Article 4(1) of Regulation (EU) 2019/1020" (Market Surveillance Regulation) - it is therefore not clear whether the responsible person within the meaning of the Cosmetics Regulation and the responsible person under the GPSR are identical.
The Market Surveillance Regulation stipulates that an importer or an authorised representative appointed by the manufacturer assumes these tasks within the scope of product safety. However, there is reason to interpret these rules that additional responsibilities that go beyond the requirements of the Cosmetics Regulation are assumed by these economic operators and not by the "responsible person" according to the Cosmetics Regulation. This view is also supported by the Commission's guidelines for economic operators and market surveillance authorities on the practical implementation of Article 4 of the Market Surveillance Regulation.
Therefore, if the economic operator selling cosmetic products online is not a "responsible person" under the Cosmetics Regulation (e.g. if the economic operator is an importer and has designated a responsible person), the existing obligations of the "designated responsible person" designated under the Cosmetics Regulation and those new obligations of the economic operator regarding compliance with Article 19 of the GPSR will partially overlap. As the designated responsible person under the Cosmetics Regulation is already responsible for providing the required information and keeping it up to date, the importer should be responsible for ensuring that the information is provided/displayed at the point of sale.
According to the above, the importer (economic operator) or an authorised representative would then have to be specified as the "responsible person" within the meaning of Article 19 of the GPSR, and consequently their electronic address would also have to be specified (and not that of the responsible person within the meaning of the Cosmetics Regulation). To add to the general confusion, two responsible persons would then have to be named - but this can be avoided by reaching an agreement with the designated responsible person that they themselves also assume the duties as authorised representative within the meaning of the Market Surveillance Regulation (and thus the GPSR); in practice, these should not be far apart anyway.
Conclusion
There are good arguments that the new GPSR does not introduce additional obligations for the designated "responsible person" under the Cosmetics Regulation. The obligations under the GPSR primarily affect economic operators such as importers and distributors who offer cosmetic products online or via distance selling. In order to avoid misunderstandings, clear agreements should be made between importers and designated "responsible persons" to ensure compliance with the provisions of both the Cosmetics Regulation and the GPSR. These contractual agreements help to minimise legal risks and ensure compliance with the new product safety requirements.
Lawyer cosmetics law
Dr Simon Harald Baier LL.M. advises on cosmetics law, customs law issues and all questions of international trade law.
Disclaimer
This article is intended only to provide general information and does not constitute specific legal advice. The content provided here has been researched to the best of our knowledge and belief, but it cannot replace individual advice from a qualified lawyer. Since the legal situation can change continuously, it is important to seek legal advice in the event of specific concerns. Only personal advice can take the specifics of your case into account appropriately.