Commodities Act Decree Imitation Products: what is allowed and what is not allowed?

Imitation products are non-food products, which by their shape, smell, color, packaging or labeling may be mistaken for food or beverages. These products pose a health or safety hazard to consumers, especially small children. Examples of imitation products include soap shaped like cake or bath foam in packaging that resembles a can of Coke. If a child puts these products in the mouth or bites off a piece here, there can be harmful consequences.

The Commodities Act Decree on Imitation Products, which is based on EU Directive 83/357/EEC, states that imitation products that pose a danger to the health and safety of consumers may not be traded. In practice, the Dutch Food and Consumer Product Safety Authority (NVWA) still regularly publishes safety warnings about prohibited imitation products. These products must be recalled from the Dutch market by the seller. The fact that these products still end up on the shelves is because the relevant legislation leaves room for interpretation.

When is an imitation product prohibited?

To provide more clarity, NVWA has prepared the questionnaire below for you:

• Does it involve a non-food product with the shape, smell, color, appearance, packaging or labeling of food or beverage products? For example: soap shaped like a piece of fruit, lamp oil in a bottle that resembles a soda bottle, decorative-grapes.
• Could this cause the consumer to mistake the product for food or drink, and could the product be put in the mouth, sucked or swallowed? For example: Bath beads can be very small and easy to swallow, pieces of soap can be bitten off, shampoo can be drunk.
• Does the product have a hazard aspect? For example: Asphyxiation, poisoning, perforation of various organs, chemical pneumonia.
• Is the danger aspect actually a danger in practice, can this be substantiated? For example, by NVWA's database, case law or by experts.

If you can answer "Yes" to all these questions, you are dealing with a so-called prohibited imitation product and are not allowed to trade this product. Often, after answering these questions, ambiguities remain. Our experts can help you clarify them.

Need support?

Do you need help determining whether or not you are allowed to market an imitation product? Précon Quality Services can assist you with this. Please contact us at +31 (0)30 - 65 66 010 or info@precongroup.com. You will then receive our free quote for substantive advice.