The Ministry of Social Rights, Consumer Affairs and Agenda 2030, with Pablo Bustinduy at the helm, plans to reform product labeling to make them universally accessible, with special attention to people with visual disabilities, as stated in the draft of a Royal Decree project to which Demócrata has had access and which is planned for 2026. The initiative aims to guarantee information in braille and other formats for certain goods and products.
It is not the first time that the Government promotes a measure in these terms, but the previous draft had to be withdrawn because the European Commission found incompatibilities with community legislation and substantial barriers to the internal market. In the new text, substantial modifications are presented in the subject obliged to apply the new regulations, in the approach to the concept of accessible labeling, the minimum content it must include, and the exemptions.
What will be required and for which products
The Draft Royal Decree regulating the accessible labeling of consumer products seeks to implement the commitment contained in the Law 4/2022 on the protection of consumers and users against situations of social and economic vulnerability. In the first additional provision, on inclusive labeling, it is established that the Government must implement the braille system to ensure the safety, integrity, and quality of life, especially for blind and visually impaired people.
For this, some products and services must carry accessible labeling, understood as such that which includes mentions, indications, brands, drawings or signs on any label to allow people with disabilities to obtain clear and comprehensible information about their characteristics.
Specifically, this draft Royal Decree would require including the braille system, but not in all products, but in three:
- Cosmetic products.
- Detergents and cleaners.
- Food products.
Who is responsible?
According to the new text, to which this media outlet has had access, those responsible for providing the accessible labeling service on the aforementioned products will be the commercial establishments in Spanish territory with a store area exceeding 400 square meters. This point is one of the most notable novelties with respect to the previous draft, since then, the obligations were placed on manufacturers, importers, and distributors.
The obligation to implement labeling with a braille system will be of commercial establishments of more than 400 m²
Furthermore, large surfaces (more than 400 m²) must provide personalized attention for people with visual disabilities and, in case users require it, they will accompany them throughout the entire purchase process. The staff is responsible for complying with this requirement.
Information that the braille label must include
The consumer themselves can, at the time of purchase, request the label in braille, which will be pre-printed or will proceed to be printed. It must contain the following minimum information:
- Product type and brand.
- Preferential indication of the word "danger" and "dang" or "d" in the absence of space for products that include a CLP pictogram.
- Indication of the reference "a/i" in case the product includes ingredients or technological aids that cause allergies or intolerances.
- Expiration date, in the case of food products.
- If the product offers additional information via a QR, it must be marked with a raised angle in its position, so that the code is located inside said angle. The QR must contain information in an accessible format.
The label may be affixed to the product or on an additional labeling if the product's surface is not suitable or sufficient. In addition, commercial establishments may include as much information as they deem appropriate.
Exemptions are contemplated for products already labeled in braille, provided they include the minimum required information, and also for the tactile QR signage when the product, even if incorporating a QR or analogous system, is already marked in relief according to the foreseen specifications.
Electronic commerce
Establishments obliged to apply the labeling regulations must also comply when the service is provided electronically. The website must be accessible to people with visual disabilities and there must be an option that guarantees that the purchased products are delivered with the corresponding label without additional cost.
The establishments will have one year, from the publication in the BOE, to adopt the pertinent measures to comply with all these requirements.
Much road ahead
In Spain there are 4.3 million people with some type of visual disability, according to data from the 2020 Survey on Disability, Personal Autonomy and Dependency Situations (EDAD), from the National Institute of Statistics. These users may encounter situations of vulnerability when navigating consumer relationships because numerous goods and products on the market lack universal accessibility conditions.
With the purpose of reducing this gap, the draft of the Royal Decree project also commits Public Administrations to foster awareness among commercial establishments and consumer organizations to extend accessible labeling, with special attention to the braille system.
Back and forth with the labels: technological products
Manufacturers are very reluctant to the measure and cite two reasons. On the one hand, they consider that it would generate legal uncertainty since each manufacturer would indicate different information, among other things, because elements such as recommendation times are beyond their control and there is no scientific consensus as they depend on individual factors. On the other hand, they argue that it would increase the use of paper (manuals and labels) and ink.
As an alternative, several employers' associations have demanded from the parliamentary groups that information can be provided on the website or in a digital format easily accessible. Also, that it be the authorities and public bodies that design the information sets so that they are uniform, regardless of the manufacturer.