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By Jack Brown, Bureau Veritas Consumer Products Services
Am I selling a legal shoe? How do I know? Am I liable?
Although the manufacturer, agent or importer are responsible for making, shipping, storing and distributing the shoes, the law is heavily weighed against the retailer and those actually placing the goods onto the market place. The retailer and the final customer are usually the ones at the front end of the legal requirements.
Under the EU Footwear Labelling Directive it is the retailer who must display a clear sign at the point of sale to explain those little pictures that are stuck onto each pair of new shoes. Or to ensure that if those pictures (pictograms) aren’t used then there is clear, accessible text, in English, on the shoe, to explain the main components of the shoe to the buying customer. Under the General Products Safety Directive, it is the retailer who is responsible for selling a safe shoe. Therefore sharp points and edges, excessively slippery soles or top pieces, very weak sole bonds, low heel attachment strengths, weak seam strengths, strap and buckle attachments and others must all be avoided to ensure compliance with the said directive. Claims for injuries are on the increase because of our compensation culture and any excuse to blame the shoe and claim some money is used.
There are many chemicals which are totally banned or who’s use is severely restricted in footwear and the use of these chemicals, even unknowingly, is illegal. The use of some dying agents, colorants, pigments, tanning agents, finishes and others are now banned under EU and UK law.
Even shoes which contain flashing lights must meet certain Electro- Magnetic Compatibility requirements because they contain an electrical circuit and these must be thoroughly tested to ensure that these regulations are met to avoid falling fowl of the law. Shoe fitting is a grey area in respect of legality, but if a seam, fold, high back height, shallow toe or badly designed footbed cause pain and discomfort then these too fail to comply with the General Products Safety Directive and the retailer is at risk of a personal injury claim.And there is more to come. There are currently discussions about including the Country of Origin as a legal requirement. More banned and restricted substances are in the pipeline. And maybe one day it will be illegal to sell shoes with a high Carbon Footprint or which are not 100% recycleable?
It is of course illegal to sell counterfeit products and Brands are increasingly prosecuting for infringement of their globally recognised brand names.
So retailers beware! Shoes are a minefield of legal requirements and care must be taken to ensure total and continued compliance. Bureau Veritas can assist retailers in ensuring that all legal parameters of their footwear meet UK and EU regulatory requirements.
Email: jack.brown@uk.bureauveritas.com
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