Is my brand legally the manufacturer when someone else makes the product?
Yes, under EU product safety law. The General Product Safety Regulation (GPSR), Regulation (EU) 2023/988, applies since 13 December 2024 and treats whoever has a product made and markets it under its own name or trademark as the manufacturer. For products placed on the market after 9 December 2026, the new Product Liability Directive makes that brand liable too.
Who counts as the manufacturer under EU product safety law?
The brand whose name or trademark is on the product, even when a factory makes it. Article 3(8) of the General Product Safety Regulation counts as a manufacturer anyone who "has a product designed or manufactured, and markets that product under that person’s name or trademark". The Regulation has applied since 13 December 2024 and replaced Directive 2001/95/EC.
Article 13(1) says the same from the other side. A person is deemed a manufacturer "where that natural or legal person places a product on the market under the natural or legal person’s name or trademark", and then carries the manufacturer's duties of Article 9. Buying a ready-made product and putting your trademark on it is therefore enough.
The GPSR is the base layer. It applies "insofar as there are no specific provisions with the same objective under Union law" (Article 2(1)). For furniture, home textiles and cleaning products it covers the risks that REACH, the CLP Regulation, the Detergents Regulation or the textile acts do not cover.
Do other EU product laws treat the brand the same way?
Yes, each in its own words. The safety, liability, cosmetics, food, textile and detergent acts all reach the business whose name is on the product, not only the factory that made it. What changes from act to act is the name of the role, the article that sets it and the date from which it applies, as the table shows.
| Act | What it calls the brand | Article | Applies |
|---|---|---|---|
| General Product Safety Regulation (EU) 2023/988 | Manufacturer: has the product designed or manufactured and markets it under its own name or trademark | Articles 3(8) and 13(1) | Since 13 December 2024 |
| Product Liability Directive (EU) 2024/2853 | Manufacturer, including whoever presents itself as manufacturer by putting its name, trademark or other distinguishing feature on the product | Articles 4(10) and 8 | Products placed on the market after 9 December 2026 |
| Cosmetics Regulation (EC) No 1223/2009 | Manufacturer: has a cosmetic designed or manufactured and markets it under its name or trademark. See cosmetics rules | Articles 2(1)(d) and 4 | Applies now |
| Food Information to Consumers Regulation (EU) No 1169/2011 | The operator under whose name or business name the food is marketed. See food labelling | Article 8(1) | Applies now |
| Textile Labelling Regulation (EU) No 1007/2011 | A distributor that places a product on the market under its name or trademark is treated as the manufacturer. See textile labels | Article 15 | Applies now |
| Detergents Regulation (EC) No 648/2004 | Responsible: anyone who changes the labelling or packaging, including retailers and distributors that sell own-label detergents, as Ireland's Health and Safety Authority reads it | Not named by that source | Until 23 September 2029 |
| Detergents Regulation (EU) 2026/405 | Manufacturer: has a detergent designed or manufactured and places it on the market under its name or trade mark. See cleaning products | Article 2 | From 23 September 2029 |
| Directive (EU) 2025/1892 on textile waste | Producer, including a manufacturer that has textile products designed or manufactured and supplies them first under its own name or trademark | Article 3(4b) of the Waste Framework Directive as amended | Producer responsibility schemes by 17 April 2028 |
The cosmetics and food acts add duties of their own, such as the cosmetics notification and the food label particulars. This page does not repeat them; the cosmetics page, the food supplement page and the food labelling page cover them.
What must a brand do before selling a product under the GPSR?
Two things on paper and three on the product. Article 9 of the GPSR says "manufacturers shall carry out an internal risk analysis and draw up technical documentation", kept for 10 years. The product then carries an identification number, the manufacturer's name and addresses, and instructions and safety information in a language consumers understand.
| What | Where it goes | GPSR article |
|---|---|---|
| Internal risk analysis and technical documentation | Kept by the manufacturer for 10 years after the product is placed on the market, for market surveillance authorities | 9(2) and 9(3) |
| Type, batch or serial number or other identification element | On the product, easily visible and legible; on the packaging or an accompanying document where the product's size or nature does not allow it | 9(5) |
| Name, registered trade name or registered trade mark, postal and electronic address | On the product; where that is impossible, on the packaging or an accompanying document | 9(6) |
| Instructions and safety information | In a language consumers understand, as decided by the Member State where the product is made available | 9(7) |
| Name and contact details of the economic operator in the EU | On the product, its packaging, the parcel or an accompanying document | 16(3) |
| Manufacturer's details, a picture and identifier of the product, warnings | In every online offer | 19 |
The technical documentation holds at least a general description of the product and its essential safety characteristics and, where appropriate, an analysis of possible risks and the list of European standards applied. Under Article 7(1)(a), a product is presumed safe where "it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered by those standards are concerned", meaning standards whose references are published in the Official Journal. The presumption does not stop an authority acting against a product that is in fact dangerous.
What does the GPSR ask once the product is on sale?
Monitoring and reporting. The manufacturer keeps a public complaint channel and a register of complaints, recalls and corrective measures. If the product proves dangerous, it acts at once, including a recall, and must "inform, through the Safety Business Gateway, the market surveillance authorities of the Member States in which the product has been made available" (Article 9(8)).
Accidents are reported the same way. Article 20 requires that "an accident caused by a product placed or made available on the market is notified, without undue delay" through the Safety Business Gateway, for occurrences that caused a death or serious adverse effects on health and safety. Importers and distributors that learn of one tell the manufacturer. Personal data in the complaints register is kept no longer than five years.
For your own case, start with the Commission's Your Europe page on selling products safely, which tells manufacturers to "report the measures taken to your national authority via the Safety Business Gateway".
Who is the responsible economic operator for a brand outside the EU?
A business established in the EU that answers for the product. Under Article 16(1) of the GPSR a product "shall not be placed on the market unless there is an economic operator established in the Union" responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020. Its details go on the product, packaging, parcel or an accompanying document.
That operator regularly checks the product against the technical documentation and the identification, name and instruction duties of Article 9(5) to (7), and gives authorities documented evidence on request. Online offers must name it "where the manufacturer is not established in the Union" (Article 19(b)). Which kinds of business may take the role is set in Regulation (EU) 2019/1020, which this page does not cover.
For a UK or US brand having goods made in the Baltics or the Nordics for EU customers, this is a role to fill before the first sale. The other direction is covered in the guides to the UK and the US.
Who is liable if a private label product injures someone?
The brand, as manufacturer, for products placed on the market after 9 December 2026. The Product Liability Directive (EU) 2024/2853 counts as manufacturer anyone who, "by putting their name, trademark or other distinguishing features on that product, presents themselves as its manufacturer". The European Commission calls the manufacturer "the primary person from whom a victim can claim compensation".
When the manufacturer is established outside the Union, Article 8(1) lets the injured person claim against the importer or the authorised representative and, "where there is no importer established within the Union or authorised representative, the fulfilment service provider". A distributor becomes liable if it cannot name an EU-based liable operator or its own supplier within one month of the injured person's request (Article 8(3)).
Three more rules shape the risk. Whoever substantially modifies a product outside the manufacturer's control is treated as its manufacturer (Article 8(2)). A breach of mandatory product safety requirements lets a court presume the product defective (Article 10(2)(b)). The right to compensation ends 10 years after the product was placed on the market, or 25 years where a personal injury showed itself late (Article 17).
Products placed on the market before 9 December 2026 stay under the old Directive 85/374/EEC, which is repealed from that date but continues to apply to them.
What does your situation decide for you?
Where your company is established and whose name is on the pack decide most of it. The factory's country matters less: a brand selling in the EU carries the manufacturer's duties whether its product is made in Latvia or in Sweden. Five common cases follow, each with what it costs you in work or in risk.
- Your company is in the EU and your brand is on the product. You are the manufacturer under the GPSR and, for products placed on the market after 9 December 2026, under the Product Liability Directive. The cost: the risk analysis, the technical documentation, the complaint channel and the reporting are your work, even when the factory prepares parts of them.
- Your company is outside the EU and you sell to EU consumers. You are still the manufacturer, and an economic operator established in the Union must answer for the product. The cost: finding that operator before the first sale and printing its details next to your own.
- You resell a product under the factory's own brand. You do not market it under your name, so Article 13 of the GPSR does not make you its manufacturer. The cost: under the Product Liability Directive, a distributor that cannot name the liable operator or its supplier within a month becomes liable itself, so keep supplier records.
- You substantially modify a product already on the market, outside the manufacturer's control. The Product Liability Directive treats you as its manufacturer (Article 8(2)). The cost: the manufacturer's liability for the modified product.
- You sell cosmetics, food or food supplements. Their own acts name the brand too and add duties of their own; see the cosmetics, food supplement and food labelling pages.
Questions and answers
If a factory in Latvia makes my product, who does the EU treat as the manufacturer?
Your brand, if the product is sold under your name or trademark. The General Product Safety Regulation (EU) 2023/988 counts as manufacturer whoever has a product designed or manufactured and markets it under its own name or trademark. The factory's country does not change that definition, and the duties of Article 9 follow the name on the product.
Does a white label product with my logo make me the manufacturer?
Yes. Article 13(1) of the GPSR deems a person a manufacturer when it places a product on the market under its own name or trademark, so a ready-made product carrying your logo is enough. For products placed on the market after 9 December 2026, the Product Liability Directive adds that whoever puts its name or trademark on a product presents itself as its manufacturer.
Do I need to register or notify before selling a product under the GPSR?
The GPSR's duties before sale are a risk analysis and technical documentation that you keep, plus identification, your name and addresses, and instructions on the product. Reporting through the Safety Business Gateway starts when a product proves dangerous or causes an accident. Product groups with their own act, such as cosmetics, can add a notification of their own.
What must be printed on a product under the GPSR?
A type, batch or serial number or other element that identifies it, and the manufacturer's name, registered trade name or trade mark with a postal and an electronic address (Article 9(5) and (6)). Where the product's size or nature does not allow it, they go on the packaging or an accompanying document. Instructions and safety information follow in the local language.
In which language must instructions and safety warnings be?
In a language consumers understand, as decided by the Member State where the product is made available (Article 9(7) of the GPSR). Each country decides for itself, so check every country you sell in. The same rule covers the warnings and safety information in an online offer under Article 19(d).
How long must I keep the GPSR technical documentation?
Ten years after the product has been placed on the market, at the disposal of market surveillance authorities (Article 9(3)). It holds at least a general description of the product and its essential safety characteristics and, where appropriate, an analysis of possible risks and the European standards applied. A factory's test reports can feed into it, but the duty is the manufacturer's.
Do I need an EU responsible person if my company is in the UK or the US?
Yes, for products sold to consumers in the EU. Article 16 of the GPSR says a product shall not be placed on the market unless an economic operator established in the Union is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020. Its name and contact details go on the product, packaging, parcel or an accompanying document, and online offers name it.
What must my online listing show under the GPSR?
Article 19 lists four things: the manufacturer's name, registered trade name or trade mark with postal and electronic address; the responsible person's details where the manufacturer is not established in the Union; information that identifies the product, including a picture, its type and any other identifier; and warnings and safety information in a language consumers understand.
When must an accident with my product be reported?
Without undue delay, through the Safety Business Gateway (Article 20 of the GPSR). The duty covers accidents that caused a death or serious adverse effects on someone's health and safety, permanent or temporary. Importers and distributors that learn of an accident inform the manufacturer, and where the manufacturer is outside the Union the responsible person ensures the notification is made.
When does the new Product Liability Directive apply?
To products placed on the market or put into service after 9 December 2026, and Member States must bring their laws in line by the same date (Directive (EU) 2024/2853, Articles 2 and 22). The old Directive 85/374/EEC is repealed from that date but continues to apply to products placed on the market before it.
Can an injured customer claim against my brand rather than the factory?
Yes, for products placed on the market after 9 December 2026. The Product Liability Directive treats as manufacturer whoever presents itself as one by putting its name or trademark on the product, and the Commission calls the manufacturer the primary person a victim can claim from. A breach of mandatory safety requirements lets a court presume the product defective.
How long can a product liability claim be brought?
Under Directive (EU) 2024/2853 the right to compensation expires 10 years after the product was placed on the market, unless proceedings have started. Where the latency of a personal injury kept the injured person from starting proceedings within 10 years, the period is 25 years (Article 17). Software and digital manufacturing files count as products under Article 4(1).
How many private label manufacturers in Northern Europe would make a product under my brand?
NordSourced lists 443 manufacturers in Sweden, Finland, Latvia, Lithuania and Estonia, each because its own website says it makes products for other brands (data of 2026-10-14). With any of them, the brand on the pack is the manufacturer in EU safety law. The regulatory support page names those that say they help with the paperwork.
Does the factory do the GPSR paperwork for me?
The law does not move the duty to the factory: the GPSR names the brand as manufacturer. A factory can prepare parts of the file under your agreement. Ask which documents you receive, who keeps them for the 10 years and who reports through the Safety Business Gateway; the agreement guide lists what to write down.
Where to go next
Sources
- Regulation (EU) 2023/988 on general product safety (GPSR), Articles 2, 3, 7, 9, 13, 16, 19, 20, 50 and 52, EUR-Lex; text read in the Publications Office (Cellar) copy of the Official Journal. Checked 13 Oct 2026.
- Directive (EU) 2024/2853 on liability for defective products, Articles 2, 4, 8, 10, 17 and 22, EUR-Lex; text read in the Publications Office (Cellar) copy of the Official Journal. Checked 13 Oct 2026.
- Liability for defective products, European Commission. Checked 13 Oct 2026.
- Selling products safely, Your Europe (European Commission). Checked 13 Oct 2026.
- Regulation (EC) No 1223/2009 on cosmetic products, Articles 2 and 4 (text as adopted), EUR-Lex; the as-adopted text was read on legislation.gov.uk (The National Archives). Checked 13 Oct 2026.
- Regulation (EU) No 1169/2011 on food information to consumers, Article 8 (text as adopted), EUR-Lex; the as-adopted text was read on legislation.gov.uk (The National Archives). Checked 13 Oct 2026.
- Regulation (EU) No 1007/2011 on textile fibre names and labelling, Article 15 (text as adopted), EUR-Lex; the as-adopted text was read on legislation.gov.uk (The National Archives). Checked 13 Oct 2026.
- Labelling and packaging requirements for detergents and biocidal detergent products (information sheet, September 2018), Health and Safety Authority (Ireland). Checked 13 Oct 2026.
- Regulation (EU) 2026/405 on detergents and surfactants, Articles 2 and 35 to 37, EUR-Lex; text read in the Publications Office (Cellar) copy of the Official Journal. Checked 13 Oct 2026.
- Directive (EU) 2025/1892 amending the Waste Framework Directive (textile extended producer responsibility), EUR-Lex; text read in the Publications Office (Cellar) copy of the Official Journal. Checked 13 Oct 2026.
Directory figures are counted from the manufacturers listed on NordSourced, each listed because its own website says it makes products for other brands; see how we check. This page is general information, not legal advice. Found a mistake? Tell us.