- CLP Regulation Article 48a.
The CLP Regulation has been updated to explicitly regulate online and distance sales of hazardous substances and mixtures. The new rules aim to ensure that buyers receive full hazard information before purchase.
1. Definition of Distance Sales Under CLP
- Distance sales include online marketplaces, e-commerce platforms, phone orders, and catalog sales.
- These sales channels allow purchase without first seeing the physical label, requiring alternative hazard communication methods
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2. Key Requirements for Distance Sales
a) Hazard Information Must Be Displayed Before Purchase
- For any hazardous substance or mixture, the following label elements must be shown before purchase:
- Hazard pictograms
- Signal words (e.g., “Danger” or “Warning”)
- Hazard statements
- Supplemental EUH statements (if applicable)
- These elements must be clearly visible on the online listing or sales page
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b) Compliance for Online Marketplaces
- Providers of online marketplaces must ensure compliance with these requirements.
- The “compliance by design” principle in Article 31 of Regulation (EU) 2022/2065 applies.
- This means online platforms must integrate hazard information display mechanisms into their design
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c) No Misleading Claims Allowed
- Advertisements and product listings must not contain misleading claims, such as:
- “Non-toxic”
- “Non-harmful”
- “Environmentally friendly”
- This prevents greenwashing and ensures consumers are informed about potential hazards
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3. Special Considerations for Offers vs. Advertisements
- Advertisements (Marketing Before an Offer):
- Must include hazard pictograms, signal words, and hazard statements.
- Offers (Final Purchase Stage):
- Must display all CLP label elements as if the customer were viewing the physical product
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