A Comprehensive Guide to GPSR Compliance for Amazon Sellers

As an Amazon seller, navigating the ever-changing landscape of eCommerce regulations can be a daunting task. With the introduction of the General Product Safety Regulation (GPSR), set to become applicable on 13 December 2024, sellers must understand the new requirements and take proactive steps to ensure compliance. This comprehensive guide will provide you with an in-depth look at the GPSR, focusing on the labelling and traceability requirements, and offer practical advice on how to prepare your products and listings for the upcoming changes.

The GPSR is a significant development in the realm of product safety and consumer protection, replacing the existing General Product Safety Directive and the EU directive on dangerous products resembling foodstuffs. Its scope encompasses most non-food consumer products offered for sale in the EU and Northern Ireland, with some exceptions, such as medicinal products, food and beverages, and living plants and animals. As an Amazon seller, it is essential to familiarise yourself with the GPSR and its implications for your business to avoid potential disruptions and maintain a competitive edge.

Key Takeaways:

• The GPSR will become applicable on 13 December 2024, introducing new requirements for most non-food consumer products sold in the EU and Northern Ireland.
• Sellers must ensure their products meet GPSR and existing labelling and traceability requirements, including the provision of identifying information such as type, batch, or serial number.
• Products must be labelled with easily visible and legible identifying information for consumers, which can be provided on the packaging or an accompanying document if the product size or nature does not allow for direct labelling.
• Online listings must display a product picture, identifying information, and applicable warning and safety information in the language of the country of sale, in addition to any other required labelling and marking.
• Sellers should start preparing now by reviewing their product lines, gathering necessary information, and making required updates to their listings to avoid potential listing removals and ensure a smooth transition.

The GPSR is a comprehensive regulation that builds upon existing EU directives and regulations, such as the Market Surveillance Regulation, to enhance product safety and transparency for consumers. Its introduction marks a significant shift in the way businesses operate within the EU and Northern Ireland, placing greater emphasis on product traceability and information disclosure.

Labelling and Traceability Requirements

One of the core aspects of the GPSR is the focus on labelling and traceability of products. Sellers must ensure that all non-food products they sell in the EU or Northern Ireland meet GPSR and existing labelling and traceability requirements. This entails labelling products with identifying information, such as a type, batch, serial number, or other element that enables the identification of the product. The identifying information should be easily visible and legible for consumers, allowing them to make informed decisions and facilitating the work of market surveillance authorities.

In situations where the size or nature of the product does not permit direct labelling, the identifying information can be provided on the product's packaging or an accompanying document. This flexibility ensures that all products, regardless of their physical characteristics, can comply with the GPSR labelling requirements. Sellers should assess their product lines and determine the most appropriate labelling method for each item, taking into account factors such as product size, materials, and packaging options.

It is important to note that the GPSR labelling requirements apply to all non-food consumer products within its scope, regardless of their country of origin or manufacturing process. Sellers sourcing products from outside the EU must work closely with their suppliers to ensure that the necessary identifying information is provided and accurately labelled on the products or their packaging.

Online Listing Requirements

In addition to the physical labelling of products, the GPSR introduces new requirements for online listings, recognising the growing importance of eCommerce in today's consumer landscape. Sellers must display a product picture and any other information needed to identify the product in their online listings. This requirement aims to provide consumers with a clear and accurate representation of the product they are considering purchasing, reducing the risk of confusion or misinterpretation.

Moreover, sellers must display warning and safety information in their online listings, in the language of the country of sale. This information should include, but is not limited to, CE marks, energy labels, toy safety warnings, chemical hazard warnings, and any other warning or safety information that is affixed to the product or packaging, or included in an accompanying document. By making this information readily available in the online listing, sellers empower consumers to make informed decisions and prioritise their safety.

The inclusion of warning and safety information in online listings also helps to harmonise the information provided to consumers across different channels. Whether a consumer is browsing a product in a physical store or shopping online, they should have access to the same critical safety information, ensuring a consistent and transparent purchasing experience.

Proving Compliance to Amazon

To demonstrate compliance with the GPSR, Amazon sellers must take several important steps. Brand owners are encouraged to enrol in Amazon Brand Registry, a programme designed to help protect intellectual property and provide access to powerful tools for managing and promoting their brands. By enrolling in Brand Registry, brand owners can streamline the process of submitting compliance information and ensure that their products are accurately represented on the Amazon platform.

For brand owners not based in the EU, appointing a Responsible Person is a crucial requirement under the GPSR. The Responsible Person can be an EU-based subsidiary, importer, authorised representative, or fulfilment service provider, and serves as the primary point of contact for compliance matters. Brand owners must provide the Responsible Person's contact information to Amazon and display it on the product, packaging, or accompanying documents, making it easily accessible to consumers and authorities.

Resellers, on the other hand, must verify the compliance of their products and provide the Responsible Person and manufacturer information to Amazon. This process involves communicating with suppliers to obtain the necessary compliance documentation and ensuring that all required information is accurate and up-to-date. If resellers do not have the required information and documents, they should proactively reach out to their suppliers and request them as soon as possible to avoid potential delays or non-compliance issues.

Both brand owners and resellers must display a product picture and any applicable warning and safety information on their product detail pages. This information can be presented in the form of an image, product manual, or any other document containing the required details. By providing this information directly on the product detail page, sellers make it easily accessible to consumers and demonstrate their commitment to transparency and compliance.

Removing Non-compliant Products

In some cases, sellers may decide not to continue selling products affected by the GPSR on Amazon's EU stores. If this is the case, they can remove the products from the Manage Inventory dashboard, effectively discontinuing their sale on the platform. For sellers using Fulfilment by Amazon (FBA), it is also necessary to remove any affected inventory from EU fulfilment centres to ensure full compliance with the GPSR.

When removing non-compliant products, sellers should communicate with their customers and provide clear information about the reasons for the discontinuation. This transparency helps to maintain trust and credibility with customers, even in the face of changing regulations and product offerings.

FAQ

Q: Are there any exceptions to the products covered by the GPSR?
A: Yes, there are some exceptions to the products covered by the GPSR. These include medicinal products for human or veterinary use, food and beverages, animal feed, living plants and animals, and certain other categories. Sellers should consult the full list of exceptions to determine whether their products are subject to the GPSR requirements.

Q: What are the consequences of non-compliance with the GPSR on Amazon?
A: Amazon takes product safety and compliance very seriously. If a seller's listings are found to be non-compliant with the GPSR by 13 December 2024, Amazon will remove those listings from its platform. To avoid potential disruptions to their business, sellers should take proactive steps to ensure their products and listings meet the GPSR requirements well in advance of the deadline.

Q: How can brand owners demonstrate compliance to Amazon?
A: Brand owners can demonstrate compliance to Amazon by enrolling in Amazon Brand Registry, appointing a Responsible Person if they are not based in the EU, and providing the required information to Amazon. This includes the Responsible Person's contact information and applicable warning and safety information for their products. By taking these steps, brand owners can streamline the compliance process and ensure their products are properly represented on the Amazon platform.

Q: What should resellers do if they don't have the required compliance information from their suppliers?
A: If resellers do not have the required compliance information and documents from their suppliers, they should reach out to their suppliers as soon as possible to request this information. Resellers must verify the compliance of their products, provide Responsible Person and manufacturer information to Amazon, and display product pictures and warning and safety information on their listings. By proactively communicating with suppliers and gathering the necessary information, resellers can ensure a smooth transition to GPSR compliance.

Conclusion

The introduction of the General Product Safety Regulation marks a significant milestone in the evolution of product safety and consumer protection in the EU and Northern Ireland. As an Amazon seller, it is crucial to understand the implications of the GPSR and take proactive steps to ensure your products and listings are compliant by the 13 December 2024 deadline.

By familiarising yourself with the labelling, traceability, and online listing requirements outlined in this comprehensive guide, you can navigate the challenges posed by the GPSR and position your business for success in the changing eCommerce landscape. Start by thoroughly reviewing your product lines, gathering the necessary compliance information, and making any required updates to your listings.

Engage with your suppliers, appoint a Responsible Person if needed, and provide the required information to Amazon to demonstrate your commitment to compliance. By staying informed, proactive, and diligent, you can minimise potential disruptions to your business and continue to provide your customers with safe, compliant, and high-quality products.

Remember, the path to GPSR compliance is a journey that requires ongoing attention and effort. As the deadline approaches, prioritise your compliance initiatives and allocate the necessary resources to ensure a smooth transition. Regularly review your products and listings, stay updated on any further guidance from Amazon or relevant authorities, and be prepared to adapt to any changes or clarifications that may arise.

By embracing the GPSR as an opportunity to enhance product safety, transparency, and customer trust, you can differentiate your business and build a strong foundation for long-term success on the Amazon platform. Stay focused, stay compliant, and stay ahead of the curve in the dynamic world of eCommerce.