In order for a product – in particular, a consumer article – to be sold, compliance with numerous regulations must be ensured, depending on the product category. Moreover, there are registration obligations, e.g. under the Electrical and Electronic Equipment Act (ElektroG = German WEEE conversion) when offering electronic products for sale. Electrical products may not be distributed without prior registration in accordance with the ElektroG. All this causes extra effort and costs and distorts competition unless all manufacturers concerned comply with their obligations. This is perhaps one of the main reasons why Asian FBA sellers can frequently offer their products at much lower prices on marketplaces.
As attorney-at-law Johannes Richard from our partner law firm Internetrecht Rostock reports, marketplaces are required, e.g., under the Market Surveillance Regulation, to refrain from distributing non-marketable products. In this connection, lawyer Johannes Richard deals extensively with the topic of "Reporting and blocking competitors’ non-marketable products on Amazon".
Evidently, the most common reportable errors are as follows:
- Failure to mark the product with the name and address of the manufacturer or authorised representative
- Missing or non-permissible CE marking
- Registration according to the ElektroG
Protecting own products against blocking initiatives
In addition to the legitimate fight against non-marketable products in the interests of fair competition, it is also advisable to take a look at one’s own product portfolio, as the report by lawyer Johannes Richard implies. After all, rivals can also take advantage of these tips.
If you have any concerns regarding the compliant product or CE marking of your own products, the trade-e-bility consultancy team will be pleased to assist you. Please call +49/40/75068730-0.
