In the Corona-crisis many people and companies have begun a self-fabric masks to produce. Incorrect designation of the masks a willingness to warnings and fines, but despite all the help. Especially on a word you should avoid in order to avoid Trouble.
In the Corona-crisis, the solidarity of people and companies grow. Many have now started to sew fabric masks, or to produce in the company elsewhere, and partly from a willingness to help, partly out of necessity. However, Trouble from an unexpected source threatens.
Who referred to the masks as a face mask or respiratory protection, could soon warn warning Mail from the lawyer, among other things, the "IT-law-firm München". With these designations, a dedication would be made, the medicine is reserved for products. But it can even get worse.
In the case of a false designation, criminal charges could be in addition to warnings and fines
In addition to warning letters, criminal threatening providers, and administrative-fine proceedings, if you bring your masks with the wrong name on the market. Reason violations against product-specific labelling requirements according to §4 of the medicine product law. It says that "it is forbidden to bring medicine products in the market if you with a misleading name, indication or presentation, provided sind". imago images/Michael Weber of cloth masks in the current crisis, often self-sewn.
Misleading in the name as a mouth protection or respiratory protection, because of this dedication to medicine is reserved for products. Thus, masks are meant, which were clinically evaluated, and a CE-name. In the case of self-stitched fabric masks, this is not the case.
Phil Salewski, a lawyer in the "IT-law-firm München", advises Tailoring to the designation on the additional "Schutz" to do without. Instead, one should use terms such as mouth-covering, mouth-and-nose mask or makeshift mask, he said to "n-tv".
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Self-made masks: the problem is the word " is especially;Schutz"
A lawyer’s group on Facebook, recommendations on the designation of self-produced masks, criticize, but also the warnings of their colleagues, provided that they come without suggestion for improvement is therefore. "Now, no one dares to sew masks, and pass. This is not prohibited, and the said legal concerns are also easy to handle." The lawyers even offer Free consultancy on legal issues for the production of Corona of relief supplies such as masks, but at the same time a generally applicable tip of Europe.
"Designs, sews or glues! Whether from coffee pulp or cellulose filters. You have no legal problems, as long as it is not considered as respiratory protection mask vertreibt", the lawyers write on Facebook. "Mouth covering, face mask, mouth, Shirt, nose, fabric – it all goes in order." If in the description Covid19 would be mentioned, and that it was necessary also to note that the mask does not constitute an effective protection of the wearer. Reuters/Wolfram Steinberg/dpa to A family in Berlin-Friedenau for a walk. All family members wear masks as a protection against the Coronavirus.
Limiting note does not revoke a legally problematic designation
Things get a little trickier when the masks as breathing would be offered protection masks, while in the description it will be argued that there is medical products. Here, too, the IT-Recht Kanzlei München warns of warnings.
"A face covering, but as a 'Atemschutzmaske' sold, is made the lens a medical product legal determination, not by limiting relativi end notes cancel lässt", the firm writes in a note on its Homepage. The easiest way to the name "Schutz" to do without – then it is in most cases to be legally on the safe side.
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