Obligation to distinguish clearly between new and used books

Based on the observation that the distinction between new and second-hand books is not always respected, Law No. 2021-1901 of 30 December 2021 aimed at strengthening the book economy and strengthening equity and trust between its actors was adopted.

This law requires the seller to display separately, on any medium, the offer of new books and the offer of second-hand books so that the consumer cannot believe that a new book can be sold at a price different from that fixed by the publisher or importer.

The Decree of 22 June 2023 therefore clarifies the procedures for implementing that law.

The term ‘second-hand book’ defined

First, the decree provides a legal definition of the second-hand book. It is a ‘book which, whatever its physical condition, has already been bought or received free of charge by a person for his own purposes, excluding resale’.

Obligation to mention ‘used’ on second-hand books

The price of the second-hand book must necessarily be differentiated from the price of the new book. For example, the price for new books is regulated by law, while the price for second-hand books is set freely. This desire to distinguish between new and second-hand books continues in the decree of 22 June 2023 which imposes a new obligation relating to second-hand books.

Indeed, whatever the mode of sale (sale in a physical place or at a distance), the sellers offering simultaneously on the sale of new and second-hand books, will be kept from 24 december 2023 to bear the mention “opportunity” on all used books.

This obligation will therefore apply to online platforms and infrastructure where sales of new and second-hand books (fairs, trade fairs, markets) will take place, provided that the latter have the task of determining how the book price is to be presented.

Finally, as regards the sale of books through an online public communication service (e.g. book sales apps), the obligation to distinguish between the offer of new books and the offer of second-hand books will apply at each stage of the purchasing journey, including when displaying the result of a search on that service. Therefore, all pages of the service detailing the characteristics of a book will have to distinguish between the supply of new books and the supply of second-hand books.