4 min. reading

What You Can Sell in the US but Not in Europe

The regulatory environments of the European Union and the United States show significant differences that substantially impact which products can be sold in each region. According to data reported by SALESUPPLY, a cross-border e-commerce specialist, the European Union is known for its emphasis on strict standards in health, safety, and environmental sustainability, leading to many restrictions on products that are commonly available in the USA. This article highlights crucial considerations for online retailers looking to expand across these major markets.

Katarína Šimčíková
Katarína Šimčíková
Project manager, Ecommerce Bridge EU
What You Can Sell in the US but Not in Europe
Source: Depositphotos

What You Can Sell or What You Can´t Sell

Food Products with Controversial Ingredients

A major distinction exists in how food additives receive regulation between these two markets. European food regulations prohibit numerous additives which remain permitted in American food products.

European food regulations have banned Yellow No. 5 (Tartrazine) and Red No. 40 (Allura Red) due to evidence linking them to health concerns, including child hyperactivity.

The EU prohibits potassium bromate, which serves as a baking ingredient to enhance dough properties, because of its possible link to cancer. Commercial bakeries in the United States continue to use potassium bromate for bread production despite the absence of strict federal regulations.

The dairy industry in America employs Recombinant Bovine Growth Hormone (rBGH) to boost milk yields from dairy cows, yet European authorities have banned its use. European authorities have banned the product because they want to protect both animal welfare and human health from potential cancer risks.

Cosmetic Products Under Scrutiny

The European regulatory system for cosmetics products maintains the same level of strictness as other EU directives. The EU classifies isopropyl paraben together with isobutyl paraben as banned substances because they affect endocrine system functions, although they remain allowed in the USA.

European authorities prohibited skin lightening products containing hydroquinone because of evidence showing potential carcinogenic and skin disorder side effects. The United States markets hydroquinone as an ingredient in over-the-counter skin lightening solutions.

The antimicrobial chemical triclosan exists in toothpaste and soaps and deodorants in the USA, but the EU has prohibited its use. European authorities have expressed their environmental worries about triclosan while also linking this substance to antibiotic resistance.

Chemicals and Pesticides – Different Approaches to Risk

The herbicide glyphosate, which appears in Roundup and other products, remains under intense EU regulatory oversight despite its widespread usage in the United States. The EU restricts glyphosate usage to some extent because the substance shows potential links to cancer development and environmental damage.

The EU prohibits neonicotinoid pesticides because they cause fatal harm to bees and other pollinating organisms. The USA continues to use neonicotinoid pesticides while implementing new restrictions on their utilisation.

Children’s Products and Safety

Phthalates serve as plasticisers to create flexible plastics in various children’s toys and products. The European Union restricted the use of specific phthalates such as DEHP, DBP and BBP because of their possible adverse effects on children’s health, especially in reproductive and developmental toxicity.

The European Union prohibits the use of flame retardants PBDEs (polybrominated diphenyl ethers) in furniture and children’s pyjamas sold in Europe because these substances have been linked to endocrine disruption and neurological damage.

Energy Efficiency of Electronics

The EU implements strict requirements to evaluate energy efficiency levels in electrical devices. Products that use energy inefficiently cannot be sold in the market under the EU Ecodesign Directive and Energy Labelling Regulation.

The United States market accepts older energy-intensive appliances like refrigerators, along with air conditioners and incandescent bulbs, but these products would violate EU energy usage regulations.

Obtaining Necessary Certifications

To successfully expand into the European Union (EU) and the United States (US) markets, obtaining the necessary certifications is crucial. For the EU, acquiring the CE marking is essential as it verifies that a product complies with European safety, health, and environmental standards.

In the US, focus on obtaining certifications from the FDA for food and cosmetics and from the EPA for chemicals. These certifications ensure that your products meet the regulatory requirements of each region, facilitating smooth market entry and compliance with local laws.

Conclusion

The regulatory approaches between the markets demonstrate substantial differences even though both places prioritise consumer safety. The EU employs a precautionary stance to restrict products which could potentially affect health or the environment even when scientific data remains uncertain. Businesses that target both the American and European markets need to adjust their product lines because EU safety standards exceed those of the USA.

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Katarína Šimčíková
Katarína Šimčíková
Project manager, Ecommerce Bridge EU

I lead Ecommerce Bridge magazine for Europe, overseeing our content strategy and European language editions.

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