The prohibition on the distribution of product samples comes into force

It will be recalled that the “climate” law of August 22, 2022, prohibited businesses from distributing to consumers samples of products (perfume, cosmetic product, etc.) as part of a commercial approach. However, for its reinforcement, a decree had to specify the specific terms of this anti-waste measure.

Now, it is done, the expected decree having been published on 25 April. Thus, a sample of a product given in the context of a commercial approach is defined by the decree as a small quantity of goods, the packaging of which is different from the product marketed, and which is distributed free of charge to consumers. However, food that is not pre-packaged and that is given free of charge to consumers for immediate and on-site consumption is not regarded as samples.

Another clarification: businesses who make product samples available to consumers may inform them, by any means, that these samples can only be given to them at their request. When businesses use a distance communication technique, the first request expressed by consumers allows samples to be given to them until they renounce.

The decree does not specify how this prohibition measure will be controlled. And the law does not provide for a specific sanction in the event of non-compliance with it...

Please note: Purchasing or subscribing to a press publication entails a presumption of a request on the part of the consumer for any samples that the publication may contain, on condition that the offer of the samples is indicated or visible at the time of purchasing or subscribing.