Digital Product Passport: The Great Misconception Regarding Excluded Categories

The push toward sustainability and traceability within the European Union has placed the Digital Product Passport (DPP) at the heart of industrial debate. Introduced as part of the Ecodesign for Sustainable Products Regulation (ESPR), the DPP aims to transform how consumers and businesses access information about products.

However, amid evolving regulations and alarmist headlines, significant confusion has arisen: which product categories are actually required to implement the DPP, and which are exempt?

There is frequent talk of a "digital passport" being applied to almost every consumer good. In reality, the framework regulation clearly establishes structural exceptions and identifies priority sectors, while excluding—either temporarily or permanently—various high-impact categories.

---

Categories Excluded from the General DPP Requirement

The ESPR (Regulation (EU) 2024/1781) defines a very broad scope, yet it provides explicit exemptions for products already governed by specific sectoral regulations, or for items where the nature of the good renders such a measure ineffective.

1. Food and Feed

Although the agri-food sector has long discussed digital traceability and blockchain to ensure supply chain transparency, food and animal feed do not fall under the ESPR or the DPP requirement. Food safety and consumer information are already strictly regulated under Regulation (EC) No 178/2002 and Regulation (EU) No 1169/2011. ### 2. Medicinal Products for Human and Veterinary Use The pharmaceutical sector is frequently mentioned in discussions regarding serialization and digital traceability (for instance, the anti-counterfeiting systems already in place). However, medicinal products are explicitly excluded from the scope of the ESPR and the DPP. The requirements for health-related regulation differ substantially from the environmental sustainability criteria established by the Digital Product Passport (DPP).

3. Plant Protection Products and Special Fertilizers

While certain chemical materials and batteries used in agriculture are gradually being incorporated into implementing acts, plant protection products (pesticides and herbicides regulated under EC Regulation 1107/2009) follow their own specific authorization and labeling procedures and are not subject to the DPP framework.

4. Motor Vehicles (excluding components covered by specific legislation)

Vehicles in their entirety (cars, trucks, motorcycles) are governed by type-approval requirements under EU automotive legislation. Although electric vehicle batteries have a dedicated, mandatory passport (EU Batteries Regulation 2023/1542), the vehicle as a whole—as a single product—is not subject to the general DPP requirements under the ESPR.

---

Sectors Often Subject to Confusion: Mandatory vs. Non-Mandatory

There are markets where significant confusion arises due to industry announcements or voluntary standards that anticipate formal regulations:

• Cosmetics and Personal Care Products: Often cited as pioneers in digital solutions, cosmetics are not included in the initial priority list for the ESPR, although they are under consideration for future delegated acts. As of today, no such obligation exists. * Packaging: Packaging is governed by the Packaging and Packaging Waste Regulation (PPWR). It does not have a standalone Digital Product Passport (DPP) under the Ecodesign for Sustainable Products Regulation (ESPR), unless it is integrated as an informational component of the product it contains.
• Antiques and Second-Hand Goods: Products placed on the market for the first time before the entry into force of the specific delegated acts do not require a retroactive DPP in order to be resold.

---

Why Is There So Much Confusion?

The primary reason for this misunderstanding lies in the overlap between voluntary private initiatives and legal obligations:

1. Voluntary Adoption: Many brands in the food or cosmetics sectors are adopting QR codes and digital data sheets for marketing transparency, while incorrectly labeling them as "product passports."
2. Supply Chain Standards: Some large retail chains require suppliers to provide structured digital data that resembles the structure of a DPP, leading to confusion between commercial requirements and legislative mandates.
3. Phased Timeline: The ESPR is a "framework" regulation. The EU will introduce specific obligations through delegated acts for each product category, with varying timelines—creating uncertainty regarding when these requirements will take effect.