www.psi-network.de PSI Journal 3/2012 No, I‘m afraid that won‘t work. Importers are obligated to the state to apply the information to the product. They cannot simply transfer this obligation to their buyers. However, we must be sure to keep in mind the intent and purpose of the regulation: legislators want to keep anonymous consumer products off the market as far as possible. So one option for the industry could be to put the contact data of the end customer on the product. End customers will not often object, because their logo is on the product anyway. If their own contact data are put on the product along with their logo, however, then they will be regarded by the authorities as the sole manufacturer of the product, and fully responsible for ensuring that the product meets legal requirements. Using this consideration, could the products be identified using the contact data of the promotional products distributor? This too is theoretically conceivable. However, then the distributor assumes full responsibility for the product. If distributors indicate their contact data, then they are presenting themselves as manufacturers and will then be treated as manufacturers by the authorities. What action should be taken by those concerned? If even after thorough examination an exception to the identification obligation cannot be justified for a specific product, and if the distributor is absolutely opposed to indicating the importer‘s contact data on the product, then the first thing to consider would be asking the end customer to put their contact data on the product and thereby pose as manufacturer. If the end customer refuses, distributors must consider presenting themselves as manufacturer by having their own contact data on the product. Dr Kapoor, thank you very much for this information! THE AUTHOR: Dr Arun Kapoor is an attorney at the international law offices of Noerr LLP. He specializes in the areas of product liability and product safety, and represents companies in matters of liability, court proceedings and disputes with the market surveillance authorities when objections to products are raised. CONTACT: Dr Arun Kapoor Attorney-at-law Noerr LLP Brienner Straße 28 D-80333 Munich arun.kapoor@noerr.com www.noerr.com 37

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