Introduction
The manufacturer is responsible for the safety of their products, and must ensure that they undergo an expert scientific safety assessment before they are sold (European Commission, 2009). The EU cosmetic compliance standards are one of the highest and most rigorous in the world. Even if you do not plan to sell your products in EU markets, I still recommend following these standards for best practice. Below you will find a list of things that need to be done in order for your cosmetic product to compliant in the UK and EU markets. Just to clarify the UK follows the same compliancy standards as the EU, and this has not changed post brexit.
1) Obtaining a CPSR (Cosmetic Product Safety Report)
All cosmetic products sold on the market must have a CPSR (Cosmetic Product Safety Report). These are usually carried out by chartered chemist’s to ensure a product is safe for consumer use. If you are not a chartered chemist you will need to pay to get these tests carried out.
You will be required to collate all the SDS (Safety Data Sheets) for each ingredient used in your formula. You will also be required to input the percentage % of each ingredient in the formula, and the label you intend to use for the product. From this information a chemist will then assess the safety of the product, send it back to you for amendments if required and provide a list of all the allergens in your product that should be listed on the label.
This step is non negotiable wherever you are in the world, it is your responsibility to ensure anything you put on the market is safe for consumer use. Not only are these reports a legal requirement, they also increase your credibility, furthermore your product insurance will not be valid without one.
2) Obtaining a PIF (Product Information File)
A PIF (Product Information File) is a documents containing information about the product such was a description of the product, manufacturing details and the CPSR. According to the (European Commission, 2009), it is required for law to keep a PIF for 10 years after a products manufacture.
You can produce this report yourself, you might want to consider paying a professional who has experience writing PIFs as it can be quite overwhelming as a novice. PIFs will also be a very useful document in your business, as they contain all the relevant information regarding your product. Information that can then be shared with employees within your business.
3) Product Liability Insurance
Whilst getting product liability insurance is not a legal requirement. It is a very very good idea to get it. As cosmetics companies are ultimately responsible for the products they put on the market, this means you could be liable for any damage or injury sustained by the consumer. This can become expensive very quickly, therefore it is a good idea to get insurance to ensure you are covered on this front. Furthermore, consider getting an insurance plan that includes public liability cover, this ensures you are also covered when selling your products at market stalls should you wish to go down this route. Reputable market or craft organisers will require you to have public liability insurance before they can offer you a vending spot.
4) Compliant Labels
Being eye-catching showcasing your creativity and brand are not the only purposes for labels. Labels tell consumers what they need to know about how to use the product safely. Read my blog on How to label cosmetics to EU UK compliancy standards to learn more about what your labels need to include.
5) Recall Procedure
If you have a product on the market you must have a recall procedure in place. For this reason it is imperative that you put batch codes on each product. So in the event you need to recall products, consumers know which batch codes to look out for. The batch code must change with every new batch.
6) GMP (Good Manufacturing Process)
In order to comply (mandatory but no certification required) with Good Manufacturing Practice and Microbial Quality Management, manufacturers of cosmetics have to define and follow specific cleaning, sanitation and control procedures to keep all apparatus and materials appropriately clean and free of pathologic microorganisms. Procedures also include microbiological control of raw materials, bulk and finished products, packaging material, personnel, equipment and preparation and storage rooms (European Commission, 2012).
You will need a document detailing GMP for your PIF (Product Information File). So you will most likely already have this. This document will be particularly useful for when you outsource your production or hire employees to make products. Sanitary clean standards are imperative for safety purposes.
7) Cosmetic Product Notification Portal
Once the above steps have been taken the last thing for you to do is notify the relevant authority that your product is on the market.
This notification can be submitted by the responsible person (Office for Product Safety and Standards, 2020). The UK has a website where this can be done, please see the references for a link. There is a separate portal for the EU. As per Regulation (EC) No 1223/2009 (Article 13) there is a free of charge online notification system created for the implementation of Regulation (EC) No 1223/2009 on cosmetic products. When a product has been notified in the CPNP, there is no need for any further notification at national level within the EU (European Commission, 2009). Please see the reference list below for a link to access the portal.
If you are in the UK and plan to only sell within the UK market there is no need to also register the product on the EU portal. However if you plan to sell on the EU market as well as the UK market, you must register the product on both UK & EU portals.
Conclusion
The European Commission has a published report detailing the full list of requirements. This report is known as ‘REGULATION (EC) No 1223/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL’. The link to the full report is available in the reference list below.
Compliance can be very overwhelming, hopefully this blog has provided a comprehensive list of requirements necessary to legally sell products on the market. And help to demystify what can be a complex and overwhelming aspect of running a beauty brand.
References
European Commission. (2009). REGULATION (EC) No 1223/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. Date Accessed [13/11/2023]. Available at: https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vibn2mp7slr0#:~:text=This%20Regulation%20establishes%20rules%20to,of%20protection%20of%20human%20health.
European Commission. (2012). The SCCS’S notes of guidance for the testing of cosmetic substances and their safety evaluation 8th revision. Date Accessed [13/11/2023]. Available at: https://ec.europa.eu/health/scientific_committees/consumer_safety/docs/sccs_s_006.pdf
European Commission. (2009). Cosmetic Product Notification Portal. Date Accessed [13/11/2023]. Available at: https://single-market-economy.ec.europa.eu/sectors/cosmetics/cosmetic-product-notification-portal_en
UK Government. (2020). Submit a cosmetic product notification. Date Accessed [13/11/2023]. Available at: https://www.gov.uk/guidance/submit-a-cosmetic-product-notification