Essential Items

Consumer goods – Definition and legal foundations

Consumer goods are items intended to come into contact with food or the human body, making them of central importance in food and consumer protection law. The legal classification of consumer goods is primarily governed under German law by the German Food, Consumer Goods and Feed Code (LFGB) and numerous other regulations such as European regulations and directives. This article provides a comprehensive overview of the legal aspects, definition distinctions, obligations of economic operators, as well as relevant examples and practical details.

Definition and legal framework

Statutory definition according to § 2 LFGB

Pursuant to § 2 para. 6 LFGB, consumer goods are defined broadly and include the following categories:

1. Items intended to come into contact with food,
2. Packaging materials and containers intended for the transport and storage of food,
3. Everyday items that are put in the mouth (e.g., toothbrushes, drinking straws, pacifiers),
4. Cleaning and care products for food as well as for the human body,
5. Toys, clothing, cosmetics, hair care products and similar items, provided they are intended to come into contact with the human body.

Distinction from food and other products

Consumer goods are legally distinct from foodstuffs, pharmaceuticals, and medical devices. In particular, packaging materials solely serving to protect and transport food are considered consumer goods and are subject to their own specific regulations, which differ from the rules for food.

Legal sources and systematic classification

National law: LFGB as the central legal framework

The Food, Consumer Goods and Feed Code (LFGB) forms the central national legal basis. It defines both the definitions and the main requirements for the manufacture, processing, and distribution of consumer goods (§§ 2, 5, 30 ff. LFGB).

European regulations

Numerous European regulations apply to consumer goods intended to come into contact with food (“Food Contact Materials”). Among the most important are:

• Regulation (EC) No. 1935/2004: This regulation sets general requirements and principles for materials and articles intended to come into contact with food.
• Regulation (EU) No. 10/2011: This regulation governs specific provisions for plastics that come into contact with food.
• There are also harmonized provisions for certain material types (e.g., ceramics, cellulose, elastomers, metals).

This creates a comprehensive interplay between national and European regulations.

Requirements for consumer goods

Safety requirements and marketability

According to § 30 LFGB, consumer goods may not be manufactured or placed on the market in such a way that, when used as intended or foreseeably, they pose a health hazard to consumers. In particular, no harmful substances may transfer onto the human body or onto food.

At the European level, this is regulated by so-called migration behavior. It must be ensured that substances migrate onto food only in amounts that are harmless to health and do not cause unacceptable changes to the taste, smell, or composition of the food.

Declarations of conformity and documentation requirements

Manufacturers and distributors of consumer goods are required to keep declarations of conformity available and to provide them to the competent authorities upon request. These documents must demonstrate that the relevant item complies with all applicable legal requirements. Especially for consumer goods intended for contact with food, seamless verification along the supply chain is required.

Obligations to inform consumers

Consumer goods and their packaging must be provided with necessary instructions, user manuals, and warnings for safe use (§ 31 LFGB). Misleading, deceptive, or missing labeling can result in official measures or product-related recalls.

Control and sanctions

Market surveillance and official controls

Compliance with the legal provisions is monitored by the food inspection offices of the federal states. As part of sampling, operational inspections, and document reviews, the authorities check the marketability, safety, and conformity of consumer goods.

Administrative offenses and criminal provisions

Violations of regulations regarding consumer goods can be prosecuted as administrative offenses (§ 60 LFGB) or even as criminal offenses (§ 58 LFGB). Sanctions may include fines, sales bans, recalls, and, in severe cases, imprisonment.

Typical examples and practical relevance

Examples of consumer goods

The most common consumer goods in everyday life include:

• Packaging and containers for food (e.g., plastic packaging, cans, drinking bottles)
• Cookware and tableware, cutlery
• Household appliances with food contact (e.g., coffee machines)
• Drinking straws, straws, disposable spoons
• Pacifiers, bottle nipples, children’s toys
• Toothbrushes, combs

Special regulations for certain product groups

For certain groups, such as artists’ paints, tattoo inks, or special consumer goods for children, there are additional or specific legal requirements to protect particularly vulnerable consumer groups.

Legal consequences in case of violations

Measures by authorities

If the requirements for consumer goods are violated, the authorities may take the following measures:

• Orders for the elimination of defects
• Prohibition of further placing on the market
• Recalls of products already sold
• Publication of warnings to the public

Civil law consequences

In addition to official measures, civil liability claims may also be asserted against manufacturers and dealers, such as claims for damages due to defective or hazardous consumer goods. In particular, product liability pursuant to the Product Liability Act (ProdHaftG) may apply.

Summary and outlook

Consumer goods are a complex and significant concept in the context of consumer and health protection. The legal regulations range from general requirements for safety and marketability to extensive documentation obligations and special statutory provisions for certain material groups. The increasing globalization of trade and the constant development of new materials and applications is leading to ongoing development of the legal framework and presents manufacturers and dealers with challenges regarding compliance with regulatory requirements.

A sound knowledge of the legal framework for consumer goods is indispensable for all actors involved in production, import, distribution, and control in order to comply with the legal provisions and to ensure sustainable consumer protection.

Frequently Asked Questions

Who is legally responsible for compliance with the regulations concerning consumer goods?

Primarily, the manufacturer or the entity placing the product on the market is responsible for complying with the food law provisions regarding consumer goods. According to § 2 para. 6 of the German Food and Feed Code (LFGB) and the relevant EU regulations (in particular, Regulation (EC) No. 1935/2004 for materials and articles intended to come into contact with food), the manufacturer must ensure that their consumer goods comply with all legal requirements. These include, among others, the declarations of conformity, traceability, assurance of health safety, and labeling obligations. In the case of distribution, the dealer or distributor can also be held liable if they place non-compliant products on the market, unless they can demonstrate that they have sufficiently fulfilled their due diligence obligations. All participants along the supply chain therefore bear responsibility, with the main responsibility lying with the economically responsible company.

What legal requirements apply to the materials of consumer goods?

Consumer goods, especially those that come into contact with food or parts of the human body, are subject to comprehensive material-specific requirements. Legally binding for this are both national and European regulations, in particular Regulation (EC) No. 1935/2004 on materials and articles intended to come into contact with food, as well as specific implementing acts such as Regulation (EU) No. 10/2011 concerning plastics. These regulations especially require that materials must not release hazardous substances onto food or skin in quantitatively relevant concentrations (“migrate”), that the composition complies with certain positive lists, and that limits for individual substances (for example, plasticizers or heavy metals) are observed. Furthermore, for many consumer goods a declaration of conformity must be available documenting compliance with all legal requirements.

What is the significance of traceability in the law regarding consumer goods?

Traceability is a central component of the legal requirements for consumer goods according to Article 17 of Regulation (EC) No. 1935/2004. It obliges all economic operators to ensure complete traceability (“one step back/one step forward principle”) along the entire supply chain. This means that every company must know from whom it obtained which materials and to whom it supplied them, including documentation of this information. Traceability enables competent authorities to quickly identify affected products and take targeted action in the event of complaints or recalls. Legally, this information must be kept for at least five years and provided upon request.

What are the legal foundations for labeling requirements of consumer goods?

The legal foundations for labeling requirements for consumer goods can be found in both the German LFGB (§ 6 and § 23) and various European regulations, such as Regulation (EC) No. 1935/2004. Depending on the type and intended use of the consumer goods, different specifications are mandatory, including: name or company and address of the manufacturer or distributor, where applicable the “glass/fork” symbol for food contact materials, usage instructions and any warnings (for example, “Not suitable for microwave”). Imported goods must generally be labeled in the official language of the country of destination. Breaches of labeling provisions can result in market surveillance measures, fines, or recalls.

What sanctions are imposed for violations of consumer goods law?

Violations of consumer goods law can result in both administrative and criminal sanctions. Competent authorities (such as food monitoring offices) can impose measures such as prohibiting the placing on the market, ordering recalls, or destruction. The LFGB also provides for substantial fines; in the event of intentional or negligent endangerment, imprisonment may also be imposed pursuant to § 58 LFGB. At the EU level, product liability law consequences may arise, for example under the Product Liability Directive (85/374/EEC). In addition, consumers have the possibility to assert civil claims for damages under the German Civil Code (BGB) as well as claims under the Product Liability Act.

How are consumer goods controlled and monitored by authorities?

In Germany, monitoring of consumer goods is the responsibility of the food monitoring authorities of the federal states. These carry out risk-based inspections, which include sampling, laboratory analyses, and reviewing documentation and traceability systems. The authorities particularly assess compliance with specific legal requirements relating to materials, product information (declaration of conformity, labeling), and legal proof obligations. The results of the inspection may lead to orders such as improvements, sales bans, or recalls. The authorities may also carry out random or case-related inspections, for example following complaints or reports of risks.

To what extent are there exemptions from consumer goods law?

Consumer goods law provides for exemptions from the general requirements in certain cases. For example, relevant EU regulations and the LFGB contain exemptions for consumer goods intended exclusively for export (§ 2 para. 6 sentence 3 LFGB) or intended only for technical purposes and not intended to come into contact with food or the human body. Certain materials or specific uses may also be subject to specifically differing provisions, for example, for medical devices within the meaning of the Medical Devices Act, which are governed by their own statutory rules. Which exemptions may apply must always be assessed on a case-by-case basis and should (if necessary following regulatory consultation) be clearly documented.