Temu's and Shein- misleading claims, health risks, and EU!
Temu and Shein, prominent online retail platforms, have faced scrutiny within the European Union (EU) for alleged non-compliance with regulations and concerns over product safety.
Non-Compliance with EU Regulations
The European Commission has initiated investigations into both platforms under the Digital Services Act (DSA). In June 2024, the Commission requested detailed information from Temu and Shein regarding their adherence to DSA obligations, focusing on mechanisms for reporting illegal products, the design of user interfaces to prevent deceptive practices, protection of minors, transparency in product recommendations, and traceability of traders.
By October 2024, the Commission escalated its actions by opening formal proceedings against Temu, citing concerns over the sale of illegal and counterfeit products, the reappearance of previously banned sellers, and potentially addictive design features. (Le Monde)
Actions by EU Member States
Several EU countries have advocated for stricter supervision of these platforms. In September 2024, Germany, along with Austria, Denmark, France, the Netherlands, and Poland, urged the European Commission to enforce the DSA rigorously against Temu and Shein, highlighting risks to consumers and unfair competition. (Fashion United)
Germany has been proactive in addressing these concerns. In September 2024, reports indicated that the German government was drafting regulations to ensure that Chinese online discounters like Temu and Shein comply with European standards on product safety, environmental protection, consumer rights, and customs and tax laws. (Reuters)
Health Concerns Over Products
Investigations have revealed that some products sold on these platforms pose significant health risks. In August 2024, authorities in Seoul found that items from Shein and Temu contained toxic substances exceeding legal safety limits, including phthalates, formaldehyde, and lead. These chemicals are associated with serious health issues such as reproductive harm, cancer, and liver toxicity. (The Legal Journal)
Additionally, a survey by Toy Industries of Europe (TIE) found that 80% of unbranded toys sold by online retailers, including Temu, within the EU did not meet safety standards. The findings highlighted hazards like toxic slime, easily broken baby teethers, small magnets, and accessible batteries, all posing serious risks to children. (Financial Times)
In response to these challenges, the EU is considering measures to control the influx of parcels from Asian online retailers. Proposals include a new tax on e-commerce platforms' revenue and an administrative handling fee per item to reduce the competitiveness of these shipments. The volume of low-value parcels, which evade customs duties by being under €150, has tripled since 2022, contributing to a rise in dangerous imports. (Financial Times)
These developments underscore the EU's commitment to enforcing regulations that protect consumers from non-compliant products and ensure fair competition within the digital marketplace.
Let’s look into some of the examples Hoopoz was able to find online:
Platform: Facebook
Plastic Bag on Tongue
What’s going on here?
Displaying a plastic material being placed on the tongue violates basic health and safety principles under EU General Product Safety Directive (GPSD 2001/95/EC).
Such an image could unintentionally promote unsafe behavior, risking asphyxiation or choking.
Non-Compliant Marketing: Under EU Unfair Commercial Practices Directive (UCPD 2005/29/EC), advertisements must not promote misleading or harmful uses of products. The ad fails to provide clear intended use or safety guidelines, which are mandatory for consumer goods.
Weight Loss Patches
Misleading Health Claims: These "slimming patches" promise weight loss with "skin-friendly hydrocolloid materials" without providing substantiated scientific evidence, which violates the EU Nutrition and Health Claims Regulation (EC 1924/2006).
Any health benefit claim must be:
Backed by rigorous clinical trials.
Approved by EFSA (European Food Safety Authority).
Lack of scientific proof makes these claims misleading.
Non-Compliance in Safety and Information: missing mandatory product safety warnings (Warnings/Safety Information).
Health-related products must clearly list:
Potential side effects,
Instructions for use,
Warnings for vulnerable groups (pregnant women, minors, etc.).
No detailed testing information or EU conformity marks like CE certification (if applicable).
Trader Transparency: EU sellers are required to list valid trader and manufacturer information. While there is an EU operator (Axitera GmbH), the manufacturer’s transparency is inconsistent and missing proper safety disclosures. This violates obligations under the EU Consumer Rights Directive (2011/83/EU).
False advertising remains a significant issue in the weight loss product category, particularly with the use of before-and-after body visuals designed to mislead consumers. These images, often unsubstantiated and exaggerated, are explicitly prohibited under the EU Unfair Commercial Practices Directive (UCPD). By preying on consumer insecurities, especially regarding body image, such ads manipulate individuals into believing in outcomes that lack real scientific backing.
Health and safety concerns further compound the problem. Products advertised for skin contact or ingestion, such as weight loss patches, must comply with strict EU safety regulations, including REACH (Regulation EC 1907/2006) and CE certification, to ensure they are safe for consumer use. However, in many cases, crucial hazard information—such as potential side effects, allergen warnings, or proper usage instructions—is either missing or inadequately presented. For instance, while some products reference materials like “hydrocolloid,” no testing data or allergen details are provided, posing potential health risks.
Moreover, these advertisements risk targeting vulnerable consumers, such as teenagers and individuals seeking quick weight loss solutions. Under the EU Audiovisual Media Services Directive (AVMSD), marketing practices that exploit or appeal to such groups are a clear violation. By failing to meet these standards, these platforms not only breach regulatory guidelines but also endanger consumer well-being, highlighting the urgent need for stricter oversight and accountability.
