Article updated on 30/12/25. This article has been written in accordance with French and European standards, while occasionally addressing certain aspects specific to other countries. Local adjustments may therefore be required depending on the jurisdiction.
When you sell fondants or scented candles, the risk of confusing food with your products is significant, particularly for young children. Mandatory labelling (CLP, UFI, etc.) is not the only parameter to consider. That's why the law regulates the marketing of these products to prevent any risk of choking. Find out more about the regulations in force and get practical tips, remotely or directly in Alsace.
Rules for the sale of whipped cream candles and scented gourmet fondants
This article concerns professionals and anyone wishing to sell scented fondants or candles. For several years now, manufacturers have been reporting risks of accidents involving fondants or other products resembling foodstuffs.
But what does this mean? We'll explain.
What Regulation 2023/988 says about products that imitate foodstuffs
Did you know that a decree from 1992 stipulated that any product resembling foodstuffs, such as perfumed fondants or candles, was subject to this decree?
This is known as an involuntary standard. It has since been repealed by Decree 2024-1171 of 6 December 2024. What changes:
- "It extends the possibilities in Article R.512-34 of the Consumer Code of using European laboratories for analyses and tests of products to assess their level of safety and compliance with regulations." Source: Legifrance
- It repeals Decree No. 92-985 of 9 September 1992 on the prevention of risks arising from the use of certain products imitating foodstuffs (known as the "confusion" decree) following its repeal by Regulation (EU) 2023/988 on general product safety. The prevention of risks resulting from products imitating foodstuffs is now covered by Regulation (EU) 2023/988, which applies directly. Source: Legifrance
We're going to explain to you exactly what this regulation 2023/988 stipulates and its consequences for the sale of your fluxes and candles. It applies to all products that are not foodstuffs, but for which it is reasonably foreseeable that consumers, especially children, may confuse them with foodstuffs, taking into account in particular:
The control of these products involves an analysis of their appearance in order to measure the reasonably foreseeable risk of ingestion, the potential danger and the probability of harm.
It is also compulsory to respect a certain size when selling fondants that resemble food. If the size is too small, a child could swallow it and choke. Simply saying "this is not a toy" is not enough.
Your fondants or decorative elements must not be able to pass through the anti-choking cone.
What size should I use with the anti-smothering cone?
Correct size of detachable part: height 1: 2.54 cm; height 2: 5.71 cm; diameter: 3.17 cm.
Our anti-smothering cone makes it possible to check that the products present no risk of ingestion for children under 36 months, and to avoid penalties of up to €3,000 in the event of a repeat offence.
When is a candle classified as safe?
There is currently no obligation to have your gourmet candle analysed by a laboratory, as long as it is safe and complies with current regulations.
Marketing a gourmet candle: the essential regulatory criteria to be met
Regulation 2023/988: none of the candle's characteristics must present a risk of ingestion or dietary confusion. Decorative elements must not protrude from the container, be separable or pass through the anti-smothering cone. We strongly advise against selling wax chantilly creations.
CLP 2024/2865 regulations: your candle must be labelled in accordance with the SDS of the finished product, to prevent risks to health and the environment.
AFNOR NF EN 15494 standard: although voluntary, it is strongly recommended to prevent fire risks by using standardised safety pictograms.
It is also recommended to keep products out of the reach of children, to use resealable packaging and to keep these creations strictly separate from any foodstuffs.
What penalties can I face for non-compliance?
If you fail to comply, you could face a 5ᵉ class fine of up to €1,500, or even €3,000 in the event of a repeat offence.
Beware of panic and false information
This information is based on our current knowledge and may change depending on future regulatory interpretations. Be vigilant in the face of erroneous information spread on social networks.
We strongly recommend that you contact the DDPP in your department to check the specific case of your creations.
What happens if the detachable part is integrated but becomes mobile when cast?
The elements must never be able to pass through the anti-smothering cone. In addition, wax decorations melt with the candle and must not become unmanageable separate parts.
Some small moulds are intended for personal use only, not for sale.
Each manufacturer remains responsible for the testing and conformity of its finished products.
It's possible to combine creativity and safety for your candles
To preserve the gourmet appeal of your creations while complying with the law, it's essential to keep up to date with the latest information and products.
By adopting good practice, you can ensure that your creations are both safe and creative, while avoiding penalties. If you want to market and label your candles, our partner Avery is a reliable solution.
Conclusion
The aim of regulation is not to curb creativity, but to provide an intelligent framework for it. By incorporating these requirements into the design of your candles and gourmet fondants, you can secure your business, protect your customers and enhance your professionalism. Creating consciously also means creating sustainably.
The aim of all this is to protect our children, but it can also be useful for adults... Video demonstration:
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