---
title: "The product is too small for the required marking"
description: "EU product law expects identification and contact details on the product itself, but lets them move to the packaging or an accompanying document where the size or nature of the product does not allow them. The General Product Safety Regulation (for non-harmonised products) and the harmonised product acts use the same order. Map every required marking, keep on the product what fits, and record why the rest has moved."
type: "problem"
url: "https://www.conphora.com/solutions/problem/small-product-label/"
markdown: "https://www.conphora.com/solutions/problem/small-product-label.md"
locale: "en"
language: "en"
updated: "2026-10-04"
author: "Conphora compliance team"
publisher: "Conphora"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R0988-20260529"
tags: ["GPSR", "LVD", "TSD", "labelling-packaging"]
license: "Free to quote with attribution and a link to the page"
---

# The product is too small for the required marking

EU product law expects identification and contact details on the product itself, but lets them move to the packaging or an accompanying document where the size or nature of the product does not allow them. The General Product Safety Regulation (for non-harmonised products) and the harmonised product acts use the same order. Map every required marking, keep on the product what fits, and record why the rest has moved.

## Why this happens

EU product law starts from the product. Under the General Product Safety Regulation (EU) 2023/988, manufacturers ensure that their products bear a type, batch or serial number or other element enabling identification that is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the information is provided on the packaging or in a document accompanying the product (Article 9(5)). The name and the postal and electronic address follow the same order: on the product or, where that is not possible, on its packaging or in an accompanying document (Article 9(6)). [1]

The harmonised product acts use the same model. Decision No 768/2008/EC, the template for the sector directives and regulations, asks for the identification element on the product or, where size or nature does not allow it, on the packaging or in an accompanying document, and the manufacturer's name and contact address on the product or, where that is not possible, on its packaging or in an accompanying document (Annex I, Article R2(5) and (6)). The Low Voltage Directive applies this wording to electrical equipment (Directive 2014/35/EU, Article 6(5) and (6)). [2] [5]

The CE marking has its own fallback. It is affixed visibly, legibly and indelibly to the product or its data plate; where that is not possible or not warranted on account of the nature of the product, it is affixed to the packaging and to the accompanying documents, where the legislation concerned provides for such documents (Decision No 768/2008/EC, Annex I, Article R12(1)). When reduced or enlarged, the proportions of the graduated drawing are respected, and where specific legislation does not impose specific dimensions the marking is at least 5 mm high (Regulation (EC) No 765/2008, Annex II). [2] [3]

Toys have a specific rule. The CE marking goes on the toy, an affixed label or the packaging; for small toys and toys consisting of small parts it may alternatively be affixed to a label or an accompanying leaflet, and where it is not visible from outside the packaging it is at least affixed to the packaging (Directive 2009/48/EC, Article 17(1)). Small toys sold without packaging have their warnings affixed to them (Article 11(2)). [4]

A move to the packaging is mostly an exception, not a choice. The GPSR and the identification and address rules of the harmonised acts allow it only where the product cannot carry the information, so keep the reason on file; the Toy Safety Directive is wider and lets the CE marking go on the packaging as one of its options (Article 17(1)). Distributors verify these elements before they sell (GPSR Article 12(1)), and a clear record of what is where shortens that check. [1]

## How to solve it

1. **List every marking the product needs** Make a list per product: type, batch or serial number; your name and addresses; the importer's details; the EU responsible person where the manufacturer is outside the EU; warnings; and, for products under a harmonisation act, the CE marking. Note for each the act and article that requires it.
2. **Test what fits on the product itself** Try each element on the real surface at production size. The question is whether it can be shown on the product in a form that stays visible and legible for consumers. The identification number must be easily visible and legible under the GPSR.
3. **Move what does not fit in the order the act allows** Where the size or nature of the product does not allow it, the identification and contact details go on the packaging or in a document accompanying the product. For the CE marking, the packaging and the accompanying documents are used where affixing to the product or its data plate is not possible or not warranted.
4. **Keep the CE marking in proportion** If you reduce the CE marking, keep the proportions of the graduated drawing. Where the sector act does not set specific dimensions, the marking is at least 5 mm high. For small toys and toys made of small parts, the Toy Safety Directive allows the CE marking on a label or an accompanying leaflet.
5. **Record the decision in the technical documentation** Write down per element why it is not on the product and where it is instead, with a photo of the label or leaflet. Distributors and importers check these markings, and the record answers their question before it becomes a stop.

## What you need to show

- **A marking map per product: element, legal ground, where it is placed** — The manufacturer (GPSR Article 9(5) and (6); Decision No 768/2008/EC Annex I, Article R2(5) and (6))
- **Packaging or accompanying document carrying the moved information** — The manufacturer (GPSR Article 9(5) and (6))
- **Artwork of the CE marking with its size** — The manufacturer (Regulation (EC) No 765/2008 Annex II)

## If you do nothing

- **Distributors stop the product at intake** — Distributors verify that the manufacturer has complied with the identification and contact requirements before making the product available, and do not make it available while they have reason to believe it has not (GPSR Article 12(1) and (3)).
- **A missing or wrong CE marking is a formal non-compliance** — Under the Toy Safety Directive, a CE marking affixed in violation of the rules or not affixed is formal non-compliance; if it persists, the Member State restricts or prohibits the toy or ensures it is recalled or withdrawn (Directive 2009/48/EC Article 45).
- **Improper use of the CE marking is penalised** — Member States take appropriate action against improper use of the CE marking and provide for penalties, which may include criminal sanctions for serious infringements (Regulation (EC) No 765/2008 Article 30(6)).

## Questions

### Can we put everything in the leaflet?

Only what the product cannot carry. The rule is the product first; the packaging or an accompanying document is the fallback where the size or nature of the product does not allow the information (GPSR Article 9(5) and (6)).

### How small may the CE marking be?

At least 5 mm high where the specific legislation does not impose other dimensions, and in the proportions of the graduated drawing when reduced or enlarged (Regulation (EC) No 765/2008 Annex II, points 2 and 3).

### Our toy is sold without packaging. Where do the warnings go?

Small toys sold without packaging have the appropriate warnings affixed to them (Directive 2009/48/EC Article 11(2)). Warnings that determine the purchase must be visible to the consumer before purchase, including online.

### Does the same order apply to electrical equipment?

Yes. Under the Low Voltage Directive the identification goes on the packaging or in an accompanying document where the size or nature of the equipment does not allow it, and the name and postal address follow the same order (Directive 2014/35/EU Article 6(5) and (6)).

## Regulations involved

GPSR, LVD, TSD

## Sources

1. [Regulation (EU) 2023/988 on general product safety (consolidated text of 29 May 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R0988-20260529) — EUR-Lex, 2026-10-04
2. [Decision No 768/2008/EC on a common framework for the marketing of products](https://eur-lex.europa.eu/eli/dec/2008/768/oj) — EUR-Lex, 2026-10-04
3. [Regulation (EC) No 765/2008 setting out the requirements for accreditation (consolidated text of 16 July 2021)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02008R0765-20210716) — EUR-Lex, 2026-10-04
4. [Directive 2009/48/EC on the safety of toys (consolidated text of 29 August 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0048-20260829) — EUR-Lex, 2026-10-04
5. [Directive 2014/35/EU on electrical equipment designed for use within certain voltage limits (consolidated text of 30 May 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014L0035-20260530) — EUR-Lex, 2026-10-04