Made in France: a marking not to be used lightly
« Made in France or not made in France »That's the question! Not all products, placed on our national market, can clearly display the mention « Made in France ». But what are the items eligible for this precious sesame, often used for commercial purposes?
The mention « Made in France » mustcomply with formal rules. These rules are the same as those used to define the non-preferential origin of a product in accordance with the World Trade Organization (WTO) Rules of Origin Agreement. In order to be able, legally, to affix this marking,it is imperative to ensure that the rules of non-preferential origin of the Union Customs Code (CDU) are respected.
Seizures from the French customs in recent years indicate an increasing use of marking « Made in France » not justified, thus becoming a real threat to the health and safety of consumers but also to businesses and the environment. It is in this context that thenew anti-counterfeiting plan for 2024-2026.
The message of Thomas Cazenave, Minister of Public Accounts, is clear: « France must not suffer from counterfeits Made in France ». Imported products are of course covered, but products from assembly workshops in the European Union, including France, are also included in the customs collimator and DGCCRF1. To this anti-counterfeiting plan, the government also wants to add an anti-fraud bill in autumn. The executive would likeoblige shipping companies to provide more information on goods transiting French portsin order to combat trafficking even more effectively.
Since the Covid-19 pandemic, « Made in France » attracts more consumers. Some companies therefore seek to take advantage of this enthusiasm in order to sell more expensive products which, in reality, cannot avail themselves of this mention.
By putting this new plan in place, the government affirms its determination to combat counterfeiting and to protect French know-how.
As a reminder, in France, companies making use of deceptive commercial practices s’exposent à des mesures de police administrative(injunction to delete misleading statements) or, in the most serious cases, tocriminal procedurepunishable bytwo years' imprisonmentandfinemay amount to 10 % of the company's turnover, in proportion to the profits obtained from the infringement.
1Directorate-General for Competition, Consumer Affairs and Fraud Prevention
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