Prohibition of supplying samples without consumer demand

Verified 03 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

With exceptions, it is prohibits the distribution of samples to consumers without their request. We're explaining the regulations.

A sheet dedicated to the prohibition on distributing unaddressed advertising is also available.

General case

He is forbidden to supply to a consumer, without request from him, a sample of the product as part of a commercial approach.

A sample product provided as part of a commercial approach is a small quantity of goods:

  • Of which the packaging is different of the marketed product
  • Who is given away free of charge to consumers

Exceptions

Some samples are exempted from the prohibition and they may be provided without consumer demand.

These samples are:

  • Food food which are not not pre-packaged and who are free discounts to consumers for a immediate and on-site consumption
  • Press publications
  • Facsimiles of press publications
  • Samples in press publications, provided that the presence of samples is indicated or visible

Any trader making samples of products available to consumers may inform them by any means (for example by means of a display) that these samples may be used by them delivered only at their request.

When the trader communicates remote with consumers, the provision of samples is only possible if the consumer expresses it. The first demand expressed by consumers allows for the successive surrender of samples until they renounce.

Example :

The consumer may indicate his wish to receive samples by sending a request by post, e-mail or via the trader's website, on the trader's proposal or not.

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