General case

He is prohibited to supply to a consumer, without any request on his part, a sample of the product as part of a commercial approach.

A sample of a product supplied as part of a commercial process is a small quantity of goods:

• Of which the packaging is different of the marketed product
• Who is given away for free to a consumer.

Exceptions

Some samples are exempted from the prohibition and it is allowed to provide them without consumer demand.

These samples are:

• Commodities food which are not not prepackaged and who are discounts free of charge to consumers for a immediate and on-site consumption
• Press publications
• Press publications facsimiles
• Samples present 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 delivered only at their request.

When the trader communicates remote with consumers, the supply of samples is possible only if the consumer expresses it. The first request expressed by consumers allows for the successive delivery of samples until they renounce their part.