The EU Cosmetics Regulation (Regulation (EC) No 1223/2009) has been in place for over three years since it replaced the old EU Cosmetics Directive 76/768/EEC. The regulation was introduced with the express purpose of simplifying and harmonizing the regulatory requirements across all member states while also upgrading the requirements placed on the Brand Owner.
Has the new Cosmetics Regulation been a success?
While the new regulations have been challenging for the industry, the simplification and improved clarification of the finer details of cosmetic product compliance contained within the regulation has given companies the potential to improve the safety and quality of their product. Furthermore, it has reduced ambiguity and legal inconsistencies, thus avoiding divergence in national transportation. Other areas of success for the new Regulation include:
- Changes to the existing Product Information File
- Publication of the guidelines of Annex I to upgrade& further clarify the safety assessment requirements
- Introduction of the term ‘Responsible Person’
- Stricter criteria for the justification of product claims, meaning products could not suggest or imply benefits that they don’t offer and can scientifically substantiate
- Implementation and compliance with the New Cosmetic Regulation has also resulted in enhanced global desirability of products which can demonstrate EU Compliance – thus once you comply in Europe, market entry elsewhere is typically far easier
What challenges has the new Cosmetics Regulation posed for manufacturers?
Many cosmetic product manufacturers have struggled to meet the increased robust nature of the requirements of the new regulation. They also have to be more cautious than previously in terms of the claims they make either on the text of the product itself, its name, pictures and other forms of commercial advertising and ensure that these claims can be substantiated.
In addition, claims that denigrate competitors and ingredients that have an otherwise unblemished safety record are also subjected to greater scrutiny, as are statements that products do not contain certain ingredients that have already been specifically prohibited by law.
Looking to introduce your cosmetic product but aren’t sure about the logistics and processes? Obelis has several years’ experience acting as a Responsible Person for cosmetic manufacturers. Contact our expert consultants today!