Tingling eroticism: what is required for the distribution of ‘Sex Toys’? As a provider of erotic articles you should be initially aware, as the own products legally classify are. Erotic clothing, erotic objects such as dildos, etc., the whole thing is still quite manageable. Such articles are usually only subject to”the counter Standerecht of need for, the German equipment and product safety Act (GPSG), any textile regulations or when electrical appliances further Special arrangements (battery regulation, electronic, etc.). Here it’s especially, that the products are safe to use and properly marked (if any warnings etc.). The legal situation regarding the material products, E.g. Steifungscremes, sexual enhancers, lubes, condoms, etc. is more difficult.
Condoms are associated with the medical devices and must be certified and provided with a CE marking as such. Sliding gels can be to discuss whether they are possibly cosmetic products, however these usually should Medical devices? Steifungscremes and sexual enhancers and other aphrodisiac products, special caution is recommended. These products can be medicines that not be allowed without a marketing authorisation in the traffic. Some dishes have already classified such means as medicines, which can lead not only to a prohibition of sales but may cause also a criminality. Thus, providers of such products are well advised to check the legal status of their products at an early stage. Also with regard to the identification and promotion of products, recommend a legal protection. Often providers launch specific effects and guarantees, that scientifically prove to have (E.g. more penis volume””, increase the pleasure sensation “etc.).
Especially in the cosmetics, food and medical products, strict standards for such evidence of efficacy apply, so the human studies have a higher weight than animal studies or in vitro studies and human intervention studies are to promote as epidemiological studies or observational studies. If potency as food (especially dietary supplements) are marketed, the EC regulation must be observed also 1924/2006 on nutrition and health claims for foods. After this, in the future certain advertising claims by the Commission must be approved before they may be used. All in all is the area of erotic products no Duty-Free “-zone, but these products are subject to the same requirements as other products also.” So far authorities and competition authorities abstain still with the monitoring of such products, but also here it should be only a matter of time with increasing Internet sales until accumulating the complaints and disputes. Free of charge and not binding on for more information