Beware of warnings: New businesses are springing up: this has to be taken into account when selling DIY masks | message
Caution with the designation
In principle, every person can sew, give away or donate masks. However, people who have not registered a trade should refrain from selling it. Traders, on the other hand, must not combine or advertise the sale with a medical effect, explains Lars Rieck, specialist lawyer for copyright and media law, as well as for commercial legal protection against BR24.
Self-sewn masks are not medical devices. For this reason, the expert advises that the term “respiratory protection” and “mouth protection” be avoided. These terms are reserved for medical devices, i.e. masks that have a CE marking. “Protection” should not be mentioned in the product description either, as Rieck goes on to say.
However, if you use the term “self-made mask”, “mouth covering”, “mouth-and-nose mask” or “makeshift mask”, you are legally on the safe side, also confirms the Munich lawyer Phil Salewski on the website of the law firm IT -Law.
No warnings known yet
Anyone who still offers these products as face masks and respiratory masks violates the product-specific labeling requirements according to the Medical Devices Act (MPG) and the misleading ban according to Section 4 Paragraph 2 of the MPG, writes lawyer Salewski. The consequences can be warnings as well as criminal and criminal proceedings. Salewski therefore recommends not using the term “protection”.
Contrary to various reports on social media, there have apparently been no warnings in this regard. If you want to continue selling self-made masks, you should still comply with the legal requirements so that you will not receive any mail from warning lawyers in the future.
Editorial office Forex-news.com.net
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