Missing registrations and labels can lead to sales bans and warning letters. Marketplaces must check packaging registration.
Legal framework
- Packaging Act (VerpackG): system participation and registration in the LUCID register before placing on the market
- GPSR (EU) 2023/988: manufacturer details (Art. 9), information in distance selling (Art. 19)
- CE marking under the relevant product law
Case law
- BGH, 28 Nov 2019, I ZR 23/19 – battery registration duties are rules on market conduct
- BGH, 10 Oct 2024, I ZR 108/22 – “skin-friendly” is a prohibited trivialising statement for biocides
Case examples
No LUCID registration
A start-up sells cosmetics in shipping boxes without packaging registration. Sales ban and warning letter risk.
Missing manufacturer address
A marketplace seller lists products without the manufacturer’s postal and electronic address required by the GPSR.
