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Business practices
Prohibition of supplying a sample of product without request: detailed rules are specified
Publié le 29 avril 2024 - Directorate for Legal and Administrative Information (Prime Minister)
In order to combat waste, it is prohibited to supply a consumer with a sample of a product as part of a commercial process without a request from the consumer. To this end, the definition of the concept of sample and the procedures for informing the consumer have been clarified.
The decree of 23 April 2024 specifies the provisions of Article L541-15-10 of the Environmental Code which prohibits the trader from providing a consumer, without his request, with a sample of product in the context of a commercial approach. The aim of this measure is to avoid wastage from samples not requested by consumers.
Only samples included in press publications are not covered by this ban.
Definition of a sample
The Order defines a sample of product that is provided as part of a commercial process.
This is a small quantity of goods ceded for free to consumers. The packaging must be different from the marketed product.
Please note
Foodstuffs intended for immediate and on-the-spot consumption without packaging are not samples.
Information to be provided to the consumer
The professional may inform, by any means, the consumer that the sample may be given to him only at his request.
If this information is communicated remotely (mail, telephone, sms...), the first request expressed by the consumer will lead to the successive delivery of samples until renunciation.