[COVID-19] The regulation of the selling price of single-use surgical masks

Updated information, as of the date of publication of this article

As part of the fight against Covid-19, the selling price of single-use surgical masks that meet the definition of MD, whatever their trade name, is now regulated.

This concerns in particular:

  • – Spray masks complying with the EN 14683 standard that have not been requisitioned nationally;
  • – Masks manufactured in France or in another Member State of the European Union, or imported, made available on the national market and having benefited from an exemption granted by the Director General of the National Agency for the Safety of Medicines and Health Products in application of Article R. 5211-19 of the Public Health Code.

For all sales made from 3 May 2020 until 23 May 2020, the maximum unit selling price of these masks is set as follows:

  • – 0.95 euro cents including tax, for retail sales, whatever the distribution method and including in the case of online sales.

This maximum price does not include possible delivery costs.

The Decree specifies that this maximum price also applies in the case of retail sales to end users other than consumers (within the meaning of consumer law).

  • – 0,80 euro cents exclusive of tax, for wholesale.

The Minister of Health may change these prices, depending on the evolution of the market situation, and within the limit of a multiplying coefficient of between 0.5 and 1.5.

For its part, the DGCCRF has already announced that it will monitor the price of masks, which is now capped.

We would point out that, following the capping of the selling price of hydroalcoholic gels, the DGCCRF carried out numerous checks on economic operators, regardless of their status or level of intervention in the distribution chain for the products concerned.

Identical checks are likely to be carried out for masks whose sale price is now capped.

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