Term and legal definition of detergents and cleaning agents
In legal terms, detergents and cleaning agents are chemical preparations and substances intended to be used with water and to remove dirt from textiles, surfaces, objects or skin. The legal framework for the definition, manufacture, marketing and use of detergents and cleaning agents is primarily determined by European regulations and national laws, which impose high standards for environmental protection, product safety and consumer information.
Legal framework at European level
The central legal basis for detergents and cleaning agents within the European Union is the Regulation (EC) No. 648/2004 on detergents (Detergents Regulation). This regulation particularly governs:
- Definition of detergents (detergents and cleaning agents)
- Requirements for the biodegradability of surfactants
- Information obligations for manufacturers and distributors
- Labelling requirements and disclosure of composition
- Regulations on market approval and supervision.
Detergents and cleaning agents within the meaning of the Regulation are substances and preparations that contain soaps and/or other surfactants for washing and cleaning processes. This definition includes household cleaners, detergents, industrial cleaners, dishwashing liquids, personal care cleansers (shampoos, shower gels) and other products whose main purpose is to remove dirt.
National implementation and supplementary regulations
In Germany, the European regulation is supplemented by the Washing and Cleaning Agents Act (WRMG) . This law contains national implementing provisions, monitoring mechanisms as well as sanction options for violations. In addition, numerous further regulations apply, for example, in the field of chemicals law, hazardous substances law, as well as environmental and consumer protection.
Chemicals Act and REACH Regulation
Besides the Detergents Regulation, detergents and cleaning agents are also subject to the provisions of the Chemicals Act (ChemG) as well as the REACH Regulation (EC) No. 1907/2006. These govern, in particular, the registration, evaluation, authorisation and restriction of chemical substances. Manufacturers and importers must disclose the composition of their products, perform risk assessments, and observe any applicable restrictions.
Ordinance on Hazardous Substances and CLP Regulation
The classification, labelling and packaging of detergents and cleaning agents containing hazardous substances are governed by the CLP Regulation (EC) No. 1272/2008 and the German Ordinance on Hazardous Substances (GefStoffV). Accordingly, hazard symbols, hazard statements and safety data sheets must be provided.
Requirements for manufacturers and distributors
Product composition and biodegradability
Manufacturers of detergents and cleaning agents are obliged to ensure the biodegradability of the surfactants contained and to demonstrate this using precisely specified test methods. Products that are not fully biodegradable may generally not be placed on the market.
Labelling obligations and consumer information
The Detergents Regulation and its national implementations require manufacturers to provide detailed labelling, which must include the following information, among others:
- Name and address of the manufacturer, importer or responsible party
- Product designation and intended use
- Quantitative information on main ingredients within defined ranges
- If applicable, notes on potential allergenic substances and specific hazards
- Instructions for use and safety advice
In addition, manufacturers are required to provide comprehensive data sheets for medical personnel and further information for consumers upon request.
Prohibited substances and restrictions
Comprehensive bans and restrictions exist for certain ingredients in detergents and cleaning agents. Substances that are particularly harmful to the environment or hazardous to health, such as certain phosphates, microplastics or preservatives, are subject to limits or outright bans. These prohibitions are based on environmental and health considerations and are regularly updated.
Environmental protection and waste law
Detergents and cleaning agents are subject to numerous environmental regulations affecting both production and disposal. These include, in particular:
- Requirements for wastewater treatment and emission reduction under the Water Resources Act (WHG)
- Compliance with the Packaging Ordinance and the Circular Economy Act (KrWG) to ensure environmentally sound disposal and recyclability of product packaging
- Participation in return and recycling systems for packaging
Market surveillance and sanctions
Compliance with legal requirements is monitored by the competent authorities, particularly the environmental and trade supervisory offices. Violations of product-related legal requirements can result in fines, sales bans or recall orders. Product samples are regularly checked for compliance with the regulations.
Development, research and innovation
The legal requirements for detergents and cleaning agents are subject to constant adaptation, particularly due to advances in science and technology and amended legal provisions at national and European level. Innovations to improve environmental properties, reduce risk and hazard potential, and promote sustainable production are encouraged and incorporated into legal norms.
Summary
Detergents and cleaning agents are subject to detailed and comprehensive regulation in Germany and the European Union. The key frameworks are the Detergents Regulation, the Washing and Cleaning Agents Act, and relevant provisions of chemicals, hazardous substances, and environmental law. The legal requirements serve in particular to protect the environment, consumers, and to promote transparency and safety in the manufacture, marketing, and use of these products. Manufacturing companies must fulfil extensive requirements concerning labelling, composition and environmental compatibility, compliance with which is systematically monitored by the authorities.
Note: This presentation does not claim to be exhaustive but provides a comprehensive overview of the legal conditions relating to the term ‘detergents and cleaning agents’.
Frequently asked questions
Do detergents and cleaning agents need to be registered or authorised before being placed on the market?
Detergents and cleaning agents do not require separate authorisation before being placed on the market in the European Union, but are subject to specific notification and information obligations. According to Regulation (EC) No. 648/2004 (Detergents Regulation), manufacturers and importers are required to provide certain product information, especially on ingredients, to authorities and medical professionals upon request. In addition, all national and European chemicals laws, particularly the REACH Regulation (EC) No. 1907/2006, must be observed during manufacture and import. This may result in registration obligations for individual chemical substances if they are manufactured or imported in quantities of one tonne or more per year. Furthermore, biocides that may be contained in some detergents or cleaning agents must be authorised before being placed on the market in accordance with the Biocidal Products Regulation (EU) No. 528/2012. Compliance with all relevant regulations must be demonstrated as part of the duty of care and disclosed to authorities upon request.
What labelling requirements apply to detergents and cleaning agents?
Detergents and cleaning agents are subject to extensive labelling requirements, which must be implemented both on the packaging and in the accompanying product information. The Detergents Regulation specifically requires the declaration of ingredients on the packaging, either in the form of categories (e.g. anionic surfactants, non-ionic surfactants) and, for certain substances, also as percentages. In addition, information on fragrances, preservatives and relevant allergens is mandatory. For products classified as hazardous under the CLP Regulation (EC) No. 1272/2008, statutory hazard pictograms, signal words, hazard and safety phrases, as well as manufacturer information must also be indicated. Labelling must be provided in the official language of the Member State in which the product is sold. Violations may result in fines and recall actions.
What obligations exist with regard to safety data sheets for detergents and cleaning agents?
The preparation of a safety data sheet (SDS) is mandatory for detergents and cleaning agents if these are classified as hazardous according to the CLP Regulation or contain hazardous ingredients. The SDS must be written in the relevant official language, provided to professional users, and kept up to date. In the event of changes to the composition or new scientific findings, it must be updated without delay. Furthermore, there is an obligation to store and provide it for at least ten years from the last placement on the market. The specific content and format requirements are detailed in the REACH Regulation, particularly Annex II. Violation of these obligations may result in official orders and penal or administrative fines.
What restrictions and bans apply to the ingredients in detergents and cleaning agents?
Specific legal restrictions apply to the ingredients in detergents and cleaning agents. For example, under the Detergents Regulation, phosphates in machine dishwashing detergents and household laundry detergents are only permitted to a limited extent in order to reduce environmental impact. Many substances from the REACH candidate list of Substances of Very High Concern (SVHC) are either completely banned or significantly restricted. Biocides may only be used after authorisation. Additionally, national regulations apply to certain dyes, fragrances, or preservatives, particularly in view of allergy risks. Violations result in the prohibition of placing on the market and can lead to significant compensation claims.
Who is liable in cases of damage due to improper use or incorrect composition of detergents and cleaning agents?
Product liability under § 823 BGB as well as specific product liability under the Product Liability Act (ProdHaftG) also covers detergents and cleaning agents. Manufacturers, importers, and in certain cases also distributors, are liable for damages caused by defective products or breaches of labelling obligations. Faulty composition, inadequate instructions for use, or improper labelling may lead to claims for damages, regardless of fault. Where the damage results from improper use by the customer, liability may be limited. Nevertheless, manufacturers are subject to extensive instruction, monitoring, and recall duties to minimise risks at an early stage.
What advertising claims are legally permissible for detergents and cleaning agents?
Advertising claims must not be misleading and must be substantiated by demonstrable, scientifically supported facts. Statements such as “environmentally friendly”, “suitable for allergy sufferers”, or “hypoallergenic” are subject to strict scrutiny. The prohibition on misleading claims under the Act Against Unfair Competition (UWG) applies. In addition, the Detergents Regulation requires transparency regarding the promotion of certain product properties, e.g. biodegradability. Sustainability and efficacy claims must be substantiated by test reports, studies or certificates on a regular basis. Violations can result in warnings, injunctions and compensation claims.
Is the formulation of detergents and cleaning agents subject to special trade secrecy protection?
The formulation of detergents and cleaning agents is eligible for protection as a trade secret but is subject to statutory disclosure obligations to authorities and, in certain cases (e.g., for emergency personnel), also to third parties. In particular, the composition must be disclosed to the competent authorities as part of product notifications and in the safety data sheet, but this may be done in accordance with defined rules in order to preserve the trade secret. The relevant regulation can be found in the Trade Secrets Protection Act (GeschGehG), supplemented by the requirements of the European Detergents Regulation and REACH. Misuse or unfair disclosure of formulations is subject to criminal and civil penalties.
