Aerosol cans, lighters or lithium-ion batteries – products that at first glance do not appear to be anything unusual. However, these are actually goods that can be highly flammable or even explosive. For this reason, they must not only be clearly and visibly labeled for everyone, but the safe route via online business to the end consumer must also be guaranteed for people and nature.
Warnings for manufacturers and retailers
Hazardous substances must be properly labeled for the safety of the user. This applies equally to manufacturers and distributors. The CLP Regulation, which contains the mandatory information for advertising, is decisive for the labeling of these substances: “Any advertising of a substance classified as hazardous shall indicate the relevant hazard classes or categories”.
This hazard labeling is intended to ensure safety during transport, storage and handling and must be affixed to the packaging by the manufacturer in a specified size. All products containing substances that are explosive, highly or extremely flammable, oxidizing, harmful, corrosive, irritant or hazardous to the environment are affected by these hazard warnings. The warnings are implemented in particular by the familiar hazard pictograms and special hazard warnings.
Mandatory labeling also in online businessMandatory labeling also in online business
The aforementioned labeling obligation applies without restriction to both manufacturers and retailers, who should ensure and check the correct labeling. Even when contracts are concluded by means of distance selling (i.e. when ordering via online stores or telephone/fax/email), customers must be informed of the potential hazards of the substances or mixtures before making a binding purchase. Because customers cannot hold the products in their hands in online shops and therefore cannot perceive the warnings, the corresponding hazard labeling of a product must be shown in the product description. If the hazard label is missing, it can quickly become expensive.
Expensive warnings possible
Time and again, online retailers receive warnings for violating these labeling obligations for hazardous substances and mixtures. Warning letters can be issued by relevant associations or organizations. Recently, however, the competitors of Adolf Würth GmbH & Co KG (represented by the law firm Lubberger Lehment), which also appears as a warning letter issuer, were also affected. At over 1,800 euros, this is a mistake that is worth preventing.
Safe shipping by road, rail, water and air
Shipping hazardous goods improperly endangers people and the environment. Therefore, prescribed packaging and hazardous goods labeling must also be used for the shipping route in order to protect the lives and health of people and animals and to avert risks to public safety and order. There is a patchwork of regulations for the various shipping routes, for example the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID).
The first step is for the shipper to select the appropriate outer packaging and affix the dangerous goods symbols or orientation arrows to this packaging. Only if the carrier and recipient know what contents are in the shipment can they handle it with appropriate care.
Retailers should check with the shipping partner they use to find out what special regulations they have in place or whether there are any restrictions that go beyond the legal requirements.
The Händlerbund helps!
The abundance of legal regulations is a high hurdle for retailers. It is therefore not possible to legally secure an online store overnight and single-handedly, and it is not only beginners in online trading who face major difficulties. The Händlerbund is your competent partner for legal questions.
