The Cosmetic Products (Safety) Regulations

What is a cosmetic product

The regulations define a cosmetic product as being:

"any substance or preparation intended to be placed in contact with any part of the external surfaces of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs), or with the teeth and the mucous membranes of the oral cavity, with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours except where such cleaning, perfuming, protecting, changing, keeping, or correcting is wholly for the purpose of treating or preventing disease".

What you can't do

Cosmetic products are strictly controlled by the Cosmetic Products (Safety) Regulations. You must not:

• Supply, offer to supply agree to supply, expose for supply or possess for supply cosmetic products that are liable to cause damage to human health when applied under normal or reasonably foreseeable conditions of use.
• Use prohibited substances in cosmetic products, or incorrectly use those that have restrictions on their use.
• Supply cosmetic products that contain any ingredients or combinations of ingredients that are tested on animals (where such testing takes place after 30 June 2000). Any reference to testing on animals in the labelling/advertising must state clearly whether the reference to testing involves the cosmetic product itself or its ingredients.

What you have to do

Comply with the following labelling requirements:

• Ingredients. The packaging in which the cosmetic product is supplied must bear in lettering which is visible, indelible, and easily legible (and in a language easily understood by the consumer) a list of its cosmetic ingredients (preceded by the word "INGREDIENTS") in descending order of weight, the weight to be determined at the time the ingredients are added to the product. Ingredients of less than 1% may be listed in any order after those in concentrations of 1% or more.
  If the product has no packaging or it is impossible (for practical reasons) for the list to appear on the packaging, then it must appear on the container. If it is impossible (for practical reasons) for the list to appear on the container, it must appear on a leaflet, label, tag, tape, or card enclosed with the product to which the consumer is referred either by abbreviated information or by a symbol.
  The names that can be used for ingredients are strictly controlled - see the DTI's Guidance for further information.
• The container and packaging in which a cosmetic product is supplied must bear, in lettering which is visible, indelible and easily legible:
  • The name/trade name and the address/registered office of the manufacturer/supplier established within the EEC (this may be abbreviated providing the person concerned can still be identified).
  • If the product is likely within 30 months from manufacture to cease either to comply with the requirement that it shall not cause damage to human health or to fulfil its intended purpose it must be marked 'Best Before' immediately followed by the earliest date on which it is likely to cease, or an indication of where that date appears on the labelling and any particular precautions to be observed to ensure that the product does not so cease before that date.
    (The date shall include the month and the year - the month preceding the year).
• Reference to any restrictions required by the regulations on certain ingredients and any particular precautions to be observed in use and any special precautionary information on a cosmetic for professional use (in particular hairdressing) must be stated.
  Where it is impossible for practical reasons for these particulars to appear on the container and packaging, they shall appear on an enclosed leaflet label, tag, tape or card to which the consumer is referred to either by abbreviated information or by a symbol, which must appear on the container and packaging; and where it is impracticable by way of shape or size for the particulars to so appear, they shall appear on a label, tag, tape or card attached to the product.
• A means of identifying the batch in which the product was manufactured (if the product was not manufactured in a batch a reference from which the date and place of manufacture can be identified). Where it is impossible for reasons of size for this to appear on the container and packaging it shall appear on the packaging.
• The function of the product unless it is clear from its presentation.

Comply with the following documentation requirements:

• Manufacturers, their agents or importers into the EAA, (known as the "responsible person") must keep readily accessible to their 'home authority'Trading Standards Department detailed information on:
  • The composition of the product.
  • The specifications of the raw materials and the finished product, and the purity and microbiological control criteria of the cosmetic product.
  • The method of manufacture.
  • The assessment of the safety for human health of the finished product.
  • The name and address of the person responsible for assessments. Assessments may only be undertaken by suitable qualified individuals. See the DTI Guidance for further information.
  • Existing data on undesirable effects on human health resulting from use of the cosmetic product.
  • Proof of any effect claimed for the cosmetic product, where justified by the nature of the effect or product. (If a claim cannot be substantiated an offence may be committed under the Trade Descriptions Act 1968.

STATUS OF AROMATHERAPY PRODUCTS

The Medicines Control Agency and the Aromatherapy Trade Council have jointly considered the status of aromatherapy products and concluded that:

"provided no medicinal claims are made, aromatherapy products do not satisfy the definition of a medicinal product. Essential oils which are mixed and administered, or sold, by aromatherapists in the course of their business, and which satisfy the definition of a herbal remedy in section 132 of the Medicines Act, would be medicinal products but be exempt from the requirement to have a marketing authorisation".

There is some dispute over whether or not aromatherapy products are cosmetic products. In view of the growing number of aromatherapy products on the market, and the confusion over the legislative requirements applicable to them the Local Authorities Coordinating Body on Food and Trading Standards (LACOTS), was asked to give a view on the matter. The view taken was that aromatherapy products fall within the scope of the General Product Safety Regulations 1994, unless they are intended to perform a medicinal or cosmetic function or are presented as performing such a function. Each product will be considered on an individual basis taking into account its presentation, its stated function, the ingredients used and any claims that are made.

Further information about the regulations can be found at www.dti.gov.uk/access/cosmetic/foreward.html.

Advertising and sales promotions of beauty products

Internet advertising is self-regulated through the Advertising Standard's Authority's (ASA's) Code of Practice. This states that adverts must be Legal, Decent, Honest and Truthful.

The ASA can take action to have an advert withdrawn or changed without having to wait for a complaint.

The ASA Codes can be viewed at www.asa.org.uk. The following rules are specifically for beauty products and therapies but the Code also contains general requirements applicable to all adverts or promotions:

• Medicinal and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people. Where relevant, the rules will also relate to claims for products for animals. Substantiation will be assessed by the ASA on the basis of the available scientific knowledge.
• Advertisers inviting consumers to diagnose their own minor ailments should not make claims that might lead to a mistaken diagnosis.
• Advertisers should not discourage essential treatment. Medical advice is needed for serious or prolonged ailments; advertisers should not offer advice on, or diagnosis, or treatment for them unless it is conducted under the supervision of a suitably qualified health professional.
• Consumers should not be encouraged to use products to excess and advertisers should hold proof before suggesting their products or therapies are guaranteed to work, absolutely safe or without side-effects.
• Adverts should not suggest that any product is safe or effective merely because it is 'natural' or that it is generally safer because it omits an ingredient in common use.
• Advertisers should encourage consumers to take independent medical advice before committing themselves to significant treatments, including those that are physically invasive.
• References to the relief of symptoms or the superficial signs of ageing are acceptable if they can be substantiated. Unqualified claims such as 'cure' and 'rejuvenation' are not generally acceptable.
• Claims made for the treatment of minor addictions and bad habits should make clear the vital role of willpower.
• Advertisers should not use unfamiliar scientific words for common conditions.
• Claims made about the action that a cosmetic has on or in the skin should distinguish between the composition of the product and any effects brought about by the way in which it is applied, such as massage. Scientific a evidence should also make this distinction.
• Some cosmetics have an effect on the kind of skin changes that are caused by environmental factors. Adverts for them can therefore refer to temporarily preventing, delaying or masking premature ageing.
• Advertisers should be able to provide scientific evidence, where appropriate in the form of trials conducted on people, for any claim that their product or therapy can prevent baldness or slow it down, arrest or reverse hair loss, stimulate or improve hair growth, nourish hair roots, strengthen the hair or improve hair growth, nourish hair roots, strengthen the hair or improve its health as distinct from its appearance.

Please Note

This leaflet is not an authoritative interpretation of the law and it intended only for guidance.

For further information please contact your local Consumer Protection or Trading Standards office

Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020    Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk