Since 2018 at the latest, the destruction of unsold consumer goods has been the focus of public attention. Against the backdrop of growing ecological awareness among the population and prompted by extensive media coverage, the German legislator has taken action and, with the Act to Implement the Waste Framework Directive of the European Union, which came into force on October 29, 2020, has added the so-called "duty of care" to Part 3 of the Circular Economy Act (Kreislaufwirtschaftsgesetz - KrWG) with regard to the provisions on product responsibility. According to the duty of care in Section 23 (1) sentence 3, (2) no. 11 KrWG as a so-called "latent basic obligation", it must be ensured during the distribution of products that their fitness for use is maintained and that they do not become waste. The dissertation deals with the legal questions arising in this context.