Official control in the area of foreign webshops

Within the scope of its responsibilities as an authority, the BAVG is responsible for monitoring the legal requirements of online trade in goods (e.g. children's toys, food supplements, cosmetics) that are subject to the Austrian Food and Consumer ProtectionAct (LMSVG). This activity takes place in a targeted manner on the basis of an official control structure and includes the official control of all providers of goods that are offered for sale in Austria via the Internet or other distance selling channels from contracting states of the EU, EEA states or third countries. The official control competence for the online trade of Austrian providers is the responsibility of the federal state authorities.

The BAVG specifically monitors the purchasing behaviour of Austrian consumers by product group, country of origin and online platform. This reveals a very volatile and dynamic online supply and a corresponding change in demand from Austrian consumers. Samples are taken and analysed on the basis of EU-wide focus campaigns, national control campaigns and risk-based monitoring, taking into account the manufacturer, platform and complaint rate per product group as well as specific consumer complaints.

Very high complaint rate for internet purchases

The focus of BAVG's inspection activities in the area of inspections of foreign online shops is on health hazards and deception. In 2023, the complaint rate for inspections of online purchases of food supplements, cosmetics and children's toys from foreign online shops (EU/EEA/third country), which the FOPH carried out on the basis of complaints or rapid alert notifications, among other things, was 77 per cent due to labelling defects or harmfulness to health. The complaint rate for the BAVG inspections carried out in 2024 was very high at 62 per cent.

In a European comparison, Austria plays a pioneering role with the regular inspections of foreign webshops - see annual report.

Priority actions

2025

As part of the international control campaign in the fight against the trade in counterfeit toys, the BAVG and the Austrian Customs Office (ZAÖ) have inspected toy imports from third countries. The EU-wide investigation of 89 children's activity toys showed that 83 per cent of the products did not comply with EU safety standards. The majority of the faulty products were purchased online.

The children's toy tests commissioned by the EU's Directorate for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW), which were carried out as part of the Priority Action on Product Safety (JACOP) 2024, show extensive shortcomings. Indoor climbing frames (21 samples), activity towers (22) and three categories of swings were tested: for children under 36 months (23 samples), for children over 36 months (19) and for both age groups (4). These were purchased in physical and online shops in 14 EU countries. The results: 89 swings, climbing towers and climbing frames were selected due to existing concerns about their compliance with EU regulations and tested in an accredited laboratory in Spain. Only 15 (17 per cent) of the products tested met the EU requirements for safe toys. Swings for children over 36 months and for both age groups scored best, with at least a quarter of the samples meeting the requirements of the applicable standards.

Children's toys that do not comply with EU market regulations can pose a major risk to children's health and safety: The main deficiencies related to stability as well as risks of injury (trapping of the child's head and neck or fingers, hair and clothing), difficulties in assembling the product and a maximum height above the permitted limit. Other concerns included detachable small parts that children could swallow and sharp edges that could lead to cuts. In addition, the warnings, labelling and instructions of the 89 samples were checked. Only 29 (32.5 per cent) met the requirements; in most cases, warnings, labels and instructions in the language of the country of sale were missing or the assembly instructions were incomplete.

Recalls and sales bans: Consumers need to be vigilant when buying online

Based on the test results, the authorities have recalled 20 products, withdrawn eight from the market and banned the sale of eight others. Consumers are urged to only buy products with the CE mark, as this is a guarantee that they fulfil EU requirements for safety, health and environmental protection. Consumers should report unsafe products to the market surveillance authorities. This serves to protect against dangerous products and protect companies from unfair competition. The overwhelming majority of the failed products (62 of the 89 samples) were purchased online:. Of these, only 5 (8 per cent) passed the EU tests. Of the 27 products purchased in physical shops, 10 (37 per cent) passed.

Based on the test results, 23 products pose a serious risk, 27 a high risk and 12 a medium risk. 20 products were recalled, 8 were withdrawn from the market and the sale of 8 others was banned. The manufacturer was requested to make changes to 3 products. Three further products had to be labelled with appropriate warnings.

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The aim of the priority action was to check products that are sold online. This priority action was carried out as a joint control action by the Austrian Customs Office (ZAÖ), the Federal Office of Consumer Health (BAVG) and AGES

  • 82 samples were checked
  • 11 samples were assessed as not marketable (classification as unauthorised food, labelling deficiencies)

The unauthorised novel foods were mainly herbal products that belong to the field of non-European medicine.

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In a joint control operation of the Austrian Customs Office (ZAÖ) with the Federal Office of Consumer Health (BAVG) and AGES, internet orders of cosmetic products from third countries were analysed:

  • 58 samples were checked,

  • 37 did not comply with the legal provisions for cosmetics (no responsible person within the Community market on the product, lack of precautionary measures in German, prohibited ingredient, classification as a medicinal product or veterinary medicinal product).

During the inspection, cosmetic products were found that had not previously been known from the stationary trade.

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2024

2023

2022

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