When you sell wax melts or scented candles, the risk of confusion between food and your products is significant, especially for young children. Mandatory labeling is therefore not the only parameter to consider. This is why the law regulates their market placement to prevent any risk of choking.
Article updated on 05/02/2025.
Find the changes for 2025 by clicking here.
The Rules for Selling Whipped Candles and Gourmet Scented Wax Melts
This article concerns professionals or any individuals wishing to offer wax melts or scented candles for sale. For several years, risks of accidents related to wax melts or other products resembling food have been reported by manufacturers.
But what does that mean? We shed some light on it!
Did you know that a 1992 decree stipulates that any product resembling food – such as wax melts or scented candles – is subject to that decree? This is referred to as an involuntary standard. We will explain precisely what this decree states and its consequences on the sale of your wax melts and candles.
It is stated that it is mandatory to adhere to specific dimensions when selling products resembling food in order to be authorized for sale. The reason given in the decree is that, if the size is too small, a child could ingest it and, consequently, choke. For example, you are probably familiar with the statement “this is not a toy, not suitable for children under 36 months”; however, this statement is not enough!
But then, what dimensions must I adhere to?
The dimensions (see the diagram) mentioned in Article 3 take the form of a truncated cylinder whose internal measurements, expressed here in centimeters, are:
- Height 1: 2.54 cm;
- Height 2: 5.71 cm;
- Diameter: 3.17 cm.
You can then calculate the perimeter of the cone: 3.17 cm x 3.14 (π) = 9.95 cm
Next, print and cut out a template with the correct dimensions, curve it, and glue the shorter sides. All you have to do is compare!
Scented candles resembling pastries or fruits, and also featuring "gourmet" fragrances, are also covered by this legislation.
Here is Article 3 of Decree No. 92-985 of September 9, 1992 relating to the prevention of risks resulting from the use of certain products imitating food:
“The products mentioned in Article 1 (in our case, wax melts and candles) and their detachable parts must have dimensions sufficient to prevent ingestion by children under 36 months. To this end, they must not be able to fit entirely within the dimensions described in the annex to this decree.”
To prevent any risk, we invite you to keep the products out of children's reach or supervise them during use. It is also recommended to use resealable packaging that is difficult to open without adult assistance. Finally, make sure to clearly separate these products from any food items to prevent confusion. You are well aware that children have quite the sweet tooth!
The 2025 Updates to the Decree on Gourmet Candles
Currently, there is no obligation to have your gourmet candle analyzed by a laboratory, provided that it is safe and compliant with current regulations. To ensure this compliance, it is essential to adhere to several key points.
- CLP Regulation 2024/2865: Your candle must be labeled in accordance with CLP regulations, based on the finished product’s Safety Data Sheet (SDS). This approach is designed to prevent risks to physical well-being, health, and the environment.
- AFNOR NF EN 15494 Standard: To prevent fire risks, it is recommended to include safety pictograms, ensure that the wick stops smoking within 30 seconds, and make sure that the wax does not overflow from the container.
- Regulation 2023/988: This standard requires your candle to have no detachable parts that could cause a choking hazard (wax tablets, fruit), particularly for children. So you need to check that no part of your gourmet candle protrudes from the container, and that these parts are inseparable from your wax. As we saw earlier, wax decorations must not be able to fit into the anti-smothering cone.
A Gourmet Candle Then Considered Safe
By meeting these requirements, your candle is considered safe under Regulation 2023/988, and a laboratory analysis should not be necessary.
Beware of Panic and Misinformation
This response is based on our current knowledge and may evolve depending on the interpretation of the texts and future regulatory updates. Please be cautious of the various erroneous or incomplete information circulating on social media.
We strongly recommend that you contact the DDPP in your department to validate the specific case of your candles or to receive training from a true regulatory professional. Terre de Bougies offers comprehensive training for professionals provided by our expert.
Note that, as is often the case, the DDPP generally allows a period of 6 months from the date of publication to make the necessary updates.
However, it is important to keep in mind that inspectors can sometimes be strict and, in other cases, more lenient depending on the region.
What Sanctions Could Be Imposed in Case of Non-Compliance?
Regarding sanctions, if you have not read our article, you risk a 5th-class fine for non-compliance with the provisions of the decree, amounting to €1,500 or even €3,000 in the event of a repeat offense. It certainly comes at a high price!
In Conclusion,
To preserve the gourmet appeal of your creations while remaining compliant with the law, it is essential to regularly inform yourself and update your products according to new requirements.
Verifying your sources, contacting the local DDPP, or even attending specific training such as that offered by our team, are key steps to reassure your customers and protect your business.
By adopting best practices, you guarantee a product that is both safe and creative, while avoiding fines associated with non-compliance with current standards.
All of this is intended to protect our children, but it can also be beneficial for adults... Video demonstration:
