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Article updated on 30/12/25. This article is written in line with French and European standards, while occasionally touching on aspects specific to other countries. Local adjustments may therefore be needed depending on the jurisdiction.
When you sell wax melts or scented candles, there is a real risk that your products could be mistaken for food, especially by young children. Mandatory labelling (CLP, UFI, etc.) is therefore not the only thing to consider. That is why the law regulates how they are placed on the market, to prevent any risk of choking. Discover the regulations in force and get practical tips, remotely or in person in Alsace.
The rules for selling whipped cream candles and scented gourmand wax melts
This article is aimed at professionals and anyone who wants to sell scented wax melts or candles. For several years now, manufacturers have been flagging the risk of accidents involving wax melts and other products that look like food.
But what does this mean in practice? Let us shed some light on it.
What Regulation 2023/988 says about products that imitate food
Did you know that, under a 1992 decree, any product resembling food, such as scented wax melts or candles, fell within its scope?
This is what is known as a non-voluntary standard. It has since been repealed by Decree No 2024-1171 of 6 December 2024. Here is what has changed:
– "It widens the scope, under Article R.512-34 of the French Consumer Code, for using European laboratories to carry out the product analyses and tests that assess their level of safety and regulatory compliance." Source: Legifrance
– "It repeals Decree No 92-985 of 9 September 1992 on the prevention of risks resulting 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 now falls under Regulation (EU) 2023/988, which is directly applicable." Source: Legifrance
So let us explain exactly what Regulation 2023/988 sets out and what it means for selling your wax melts and candles. It applies to all products that are not foodstuffs but which consumers, especially children, can reasonably be expected to mistake for food, taking into account in particular:
These products are checked by analysing their appearance to assess the reasonably foreseeable risk of ingestion, the potential hazard and the likelihood of harm.
When selling wax melts that look like food, you are also required to comply with a minimum size. If the piece is too small, a child could swallow it and choke. Simply stating "this is not a toy" is not enough.
Your wax melts or decorative elements must not be able to fit into the anti-choking cone.
What size must my pieces be to pass the anti-choking cone test?
Compliant size for the detachable part: height 1: 2.54 cm; height 2: 5.71 cm; diameter: 3.17 cm.
Our anti-choking cone lets you check that your products present no risk of ingestion for children under 36 months, and so avoid penalties of up to €3,000 for repeat offences.
When is a candle considered safe?
At present, there is no obligation to have your gourmand candle analysed by a laboratory, provided it is safe and complies with the regulations in force.
Selling a gourmand candle: the key regulatory criteria to meet
Regulation 2023/988: no feature of the candle may present a risk of ingestion or of being mistaken for food. Decorative elements must not stick out of the container, be detachable or fit into the anti-choking cone. Selling wax whipped cream creations is strongly discouraged.
CLP Regulation 2024/2865: your candle must be labelled in line with the SDS of the finished product, to prevent risks to health and the environment.
AFNOR standard NF EN 15494: although voluntary, it is strongly recommended, as its standardised safety pictograms help to prevent fire risks.
It is also recommended to keep the products out of the reach of children, to use resealable packaging and to keep these creations strictly separate from any food.
What penalties could I face if I do not comply?
If you do not comply, you face a fifth-class fine of up to €1,500, or even €3,000 for a repeat offence.
Beware of panic and misinformation
This information is based on our current knowledge and may change in line with future regulatory interpretations. Be wary of misleading information shared on social media.
We strongly recommend that you contact the DDPP (consumer protection authority) in your département to check how the rules apply to your own creations.
What if the detachable part is embedded but comes loose as the candle melts?
The elements must never be able to fit into the anti-choking cone. In addition, wax decorations melt with the candle and must not turn into separate pieces that could be swallowed.
Some small moulds are intended solely for personal use, not for sale.
Each manufacturer remains responsible for testing their finished products and ensuring they comply.
Creativity and safety can go hand in hand in your candles
To keep the mouth-watering appeal of your creations while staying within the law, you need to stay regularly informed and keep your products up to date.
By adopting good practice, you ensure your creations are both safe and creative, while avoiding penalties. If you want to sell and label your candles, our partner Avery is a reliable solution.
Conclusion
The regulations are not there to hold back creativity, but to give it a smart framework. By building these requirements into the design of your gourmand candles and wax melts from the outset, you protect your business, keep your customers safe and showcase your professionalism. Creating mindfully also means creating sustainably.
All of this is meant to protect our children, but it can also come in handy for adults... Here is a video demonstration:
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