Private label refers to a product that a business markets under its name or trademark, even if the product was originally manufactured by another company. Sometimes such a business calls itself a “commissioner”, but from a legal perspective, the business is the manufacturer. As the business is the product’s manufacturer, it is subject to all the manufacturer’s responsibilities. The business cannot delegate responsibility for the conformity of the product. Instead, it must be familiar with the product’s characteristics and manufacturing process, as well as own the documentation that demonstrates the conformity of the product.
The importer or distributor is considered the manufacturer when
- the product is placed on the market under its own name or trademark
- a product that has already been placed on the market is altered in a manner that may affect the compliance with the applicable requirements.