A US seller can face meaningful GPSR risk in 2026 even with zero European complaints because the General Product Safety Regulation (EU) 2023/988 (GPSR) is enforced through proactive marketplace checks and market surveillance actions, not only through consumer reports. If your listings, labeling, traceability, or EU Responsible Person setup are missing, sales can be restricted quickly.
The biggest shift is that enforcement often happens before an accident or complaint, especially on major platforms and when authorities request documentation. The absence of past problems does not prove compliance or reduce legal obligations.
The questions below break down when GPSR applies, why “no complaints” is not a safe signal, the most common risk areas for US sellers, and practical steps to reduce exposure.
What is the GPSR and when does it apply to a US seller?
GPSR is the EU’s horizontal consumer product safety law that applies to virtually all non-food consumer products placed on the EU market, including products sold online by US sellers directly to EU consumers. It applies when you make a product available in the EU, regardless of where you are established, and it has been fully enforceable since December 13, 2024.
In practice, GPSR can apply to a US seller when you:
- Ship orders to EU customers from the United States or another non-EU country
- List products on EU-facing marketplace sites or target EU consumers through language, shipping options, or marketing
- Sell new, used, repaired, or reconditioned consumer products that could be used under reasonably foreseeable conditions
GPSR also strengthens expectations around traceability and documentation. Authorities can ask for product safety information and supporting documents, and you need to be able to provide them quickly in a usable format.
Does having no European complaints mean there is no GPSR risk?
No. Having no European complaints does not eliminate GPSR risk for US sellers because compliance is assessed against legal requirements, not against your complaint history. EU marketplace compliance checks and market surveillance can flag missing information, missing EU Responsible Person details, or incomplete safety documentation even if no customer has ever reported an accident.
There are several reasons “no complaints” is a weak safety signal:
- Low sales volume in the EU can mean fewer opportunities for complaints, not lower risk
- Complaints may go to marketplaces, payment providers, or national authorities rather than to the seller
- Some safety issues appear only after longer use, misuse, or foreseeable wear
- Enforcement can be triggered by documentation gaps alone, not by harm
Also, the EU enforcement model is not purely reactive. Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), authorities have stronger tools to request information and coordinate actions across Member States, which increases the likelihood that non-compliant listings are identified through checks rather than complaints.
What are the main GPSR compliance risks for non-EU online sellers?
The main GPSR compliance risks for non-EU online sellers are marketplace delisting, inability to satisfy authority documentation requests, and enforcement actions tied to missing traceability and safety information. For GPSR risk for US sellers, the most common failures are not dramatic product defects but basic compliance gaps that platforms and authorities can verify quickly.
- Missing EU Responsible Person requirement for products that need an EU-based economic operator to support compliance and cooperation with authorities
- Incomplete product identification and traceability, such as unclear model identifiers, batch or serial references where relevant, or missing manufacturer contact details
- Insufficient safety information, including warnings and instructions that match the product’s foreseeable use and are understandable for the markets where you sell
- Weak technical documentation readiness, meaning you cannot promptly provide the safety rationale, test evidence where relevant, risk assessment, and other supporting materials when requested
- Online listing mismatches, where the product page claims, images, or variations do not align with the actual product configuration and safety information
For EU marketplace compliance (Amazon) and similar platforms, the practical risk is speed. A platform can request proof of your EU setup and product safety documentation on short notice, and delays can lead to blocked listings even if your product is generally safe.
How can a US seller reduce GPSR risk before selling into the EU?
A US seller can reduce GPSR risk by setting up the required EU economic operator role, tightening product traceability and labeling, and preparing a complete, retrievable safety documentation package before listings go live. The goal is to pass both platform verification and authority requests without scrambling, because EU product safety enforcement often focuses on readiness and evidence.
- Confirm scope and product category obligations by mapping what you sell to applicable EU product safety rules in addition to GPSR where relevant
- Put the EU Responsible Person requirement in place where required, and ensure the correct EU contact details appear as required on the product, packaging, or accompanying documentation
- Build a product safety file that is easy to share quickly, including a clear product description, risk assessment, safety rationale, and supporting test reports or evaluations where relevant
- Align labeling, warnings, and instructions with foreseeable use and foreseeable misuse, and ensure language coverage matches your EU target markets
- Audit your listings so titles, images, claims, and variations match the actual product and its safety information
- Set internal triggers for change control so any supplier, material, firmware, or design change prompts a documentation and labeling review before you ship again
If you sell on marketplaces, treat compliance as a listing prerequisite, not a back office task. That mindset reduces the chance of sudden blocks and helps you respond confidently if an authority asks questions after an accident report or a routine check.
How EARP helps with GPSR risk for US sellers
We help US sellers reduce GPSR risk by acting as an independent EU-based compliance partner focused on meeting GPSR and related EU product safety obligations without commercial conflicts. Our work is designed to keep your EU market access stable by making compliance verifiable and fast to demonstrate.
- EU Responsible Person services structured for non-EU manufacturers and online sellers
- Documentation readiness support to verify the presence and completeness of required product safety documents and keep them available for authority requests
- Clear guidance on roles and obligations so you avoid confusion between marketplace expectations, manufacturer duties, and MSR-related communication pathways
To discuss your products and the fastest path to compliant EU selling, review our compliance services and then request next steps through our contact page.
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