Japan: Amendments to Consumer Product Safety Act regarding online transactions

 

In recent years, with the expansion of Internet transactions, opportunities for domestic and foreign businesses to sell products to domestic consumers through online malls have increased. In response to these environmental changes, Japan has taken the following measures to create an environment in which domestic consumers can safely use products by ensuring the safety of products sold directly from overseas and by preventing accidents caused by children’s products.

When a foreign business sells products directly to domestic consumers by using a transaction digital (DPF) platform, such as an online mall, a domestic business that is (legally) responsible for the safety of the product In order to address the issue of the lack of manufacturing/importing businesses, Japan is planning to take the following measures:

① If an overseas business sells products directly to domestic consumers without going through a domestic importer, such as by using a transaction DPF, the overseas business will be subject to product safety-related regulations such as the Consumer Product Safety Act. In addition to clarifying the regulations as an entity that can submit notifications under the relevant laws, we will also require the overseas business concerned to appoint a responsible person (domestic administrator) in Japan in order to ensure enforcement of regulations.

② When it is recognized that there is a risk of danger to domestic consumers with respect to consumer products, etc. provided in the transaction DPF, and it is not expected that the seller of the product will take necessary measures such as a recall. will take measures such as requesting the business providing the transaction DPF to remove the product from listing.

③ A system will be established to publicize the names and addresses of notifying businesses and domestic managers, as well as the names of those who have committed acts that violate laws and orders based on laws.

Regarding children’s products such as toys, there are issues such as not being able to properly ensure the safe use of children’s products, including products imported from overseas (responses are taken after an accident occurs). Japan will take the following measures to create an environment that can prevent product-related accidents.

①Technical standards established by the government for manufacturers and importers of specified products for children (products that are intended primarily for children’s daily life and require display of target age and precautions for use) Japan requires that products comply with the above guidelines, and display warnings regarding target age groups and precautions for use.

②Special provisions will be made to allow the sale of used specified products for children, subject to conditions such as alerting domestic consumers and establishing a system to ensure safety.

To find out more about product compliance regulations in Japan, please contact the Product Compliance Institute directly.