About selling and advertising hazardous products

There are various rules related to selling and advertising hazardous products, depending on whether you are selling to the general public, professionals, or industry; and whether the sale is made face-to-face, or over the internet, and these rules come under both CLP and REACH (with regard to safety data sheets).

In the UK, breaches can be prosecuted under the Health and Safety at Work Act (for CLP), and the REACH Enforcement Regulations (for REACH).

When selling to consumers, there is also the requirement to comply with Trading Standards, which includes the Consumer Rights Act 2015, and the Weights and Measures Act 1985.

However, as well as criminal law, civil law can also apply.  In the UK, this may include:

  • Product Liability.  In the event of injury or incident – Tort of Negligence.
  • Impact of defective products – customers have the right to sue for damages.  Defective is less than a person is entitled to expect, including:
    • Product
    • Packaging
    • Instructions (this could cover both the label and the SDS)

Obviously, civil law in other EU countries is likely to be different.

The information in the knowledgebase relates to the requirements for selling and advertising under CLP and REACH, but you should remember that other regulations are likely to apply to your products.

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