The Government of Spain has launched various legislative initiatives that, if successful, will impact product labeling. The proposals come from the Ministry of the Presidency, Justice and Relations with the Cortes, with Félix Bolaños at the helm; and from Social Rights, Consumer Affairs and Agenda 2030 of Pablo Bustinduy. Which goods and/or services will it affect and to what extent?
Mobiles and other devices with internet access
The Bill for the protection of minors in digital environments, which is currently undergoing parliamentary processing pending the constitution of a working group, includes the obligation for manufacturers of smartphones, tablets, computers, digital televisions and other network-connected devices to inform on their labels about the risks derived from accessing content harmful to the health and physical, mental, and moral development of minors. It should be visible on the packaging and in the instruction manual.
Manufacturers are very reluctant to the measure for two reasons. Firstly, because they consider that it generates legal uncertainty, since each manufacturer would indicate different information, among other things, because elements such as recommendation times are outside 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, the sector proposes to the parliamentary groups that the information can be integrated on the website or in a digital format easily accessible, in addition to the authorities and public bodies being the ones to design a label with standardized information so that they are uniform, regardless of the manufacturer.
In an interview with Demócrata, the Minister of Youth and Childhood, Sira Rego, explains that the Government is digesting all the amendments and that the decision could be executed through a subsequent regulatory development.
The minority partner of the Executive, Sumar, through its parliamentary group, proposes as an alternative that manufacturers can provide an easily accessible digital format, such as on the website, but keeping the information on the packaging and in instruction books, manuals or user guides. And in line with the sector, they consider that public authorities and bodies should be the ones to legally determine the standardized set of information.
Other groups, such as PNV, ERC or Junts, through their respective amendments, advocate for relaxing the requirement and that the information can be made available on any medium to prevent an excess of it from confusing consumers who, at times, do not pay due attention to the packaging of a new product.
Foods, cosmetics and detergents
As Demócrata exclusively revealed, the Ministry of Social Rights, Consumer Affairs and Agenda 2030, with Pablo Bustinduy at the helm, is working on a royal decree that it expects to have approved this year to reform product labeling to make them universally accessible, with special attention to people with visual disabilities.
Consequently, some products and services must carry accessible labeling, understood as that which includes mentions, indications, marks, drawings or signs on any label to allow people with disabilities to obtain clear and comprehensible information about their characteristics.
The products required to include the braille system are cosmetics, detergents and cleaners, and food products.
According to the text, 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; and not the manufacturers, importers or distributors.
Furthermore, large stores (more than 400 m²) must provide personalized attention for people with visual disabilities and, if users require it, they will accompany throughout the entire purchase process.
This is the minimum information that they should include:
- Product type and brand.
- Preferred 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.