Cosmetics Products Policy

If you supply Cosmetics products for sale on SHOPLAZZA, you need to comply with the laws and regulations that apply to your business. These laws and regulations depend on the region where your store is located and the region where you sell.

You're responsible for reviewing and using this information appropriately. This content doesn't contain and isn't meant to provide legal advice. This content is not all-inclusive and may be out-of-date. We encourage you to consult your legal counsel to determine how the laws in your region and the region in which you sell Cosmetics products might affect your business.

If you violate a law in any jurisdiction where you conduct business, SHOPLAZZA may remove products or terminate your online store.

China (CN) Laws and regulations for selling and exporting Cosmetics:

China's relevant regulatory authorities have issued a series of laws and regulations on cosmetic products. These laws specifically regulate cosmetic registration, production and operation, labeling requirements, and export requirements. There are also some restrictions on cosmetics ingredients. For more information, please refer to the following links:

For cosmetics products made in China, cosmetics manufacturers must comply with "Regulations on Supervision and Administration of Cosmetics  "

Labeling requirements: "GB 5296.3-2008 Instruction for use of consumer products - General labeling for cosmetics  " and "Cosmetics Label Label Management Regulations  ".

Ingredients restriction: "Updated Catalogue of Prohibited Ingredients in Cosmetics.  "

Import and export requirements: "Measures for the Supervision and Administration of Import and Export Cosmetics Inspection and Quarantine.  "

United States (US) Laws and regulations for selling Cosmetics:

If you sell Cosmetics to customers in the United States, then you're required to comply with the provisions of the Federal Food, Drug, and Cosmetic Act   (FD&C Act), Fair Packaging and Labeling Act (FP&LA Act)  , the Modernization of Cosmetics Regulation Act of 2022   (MoCRA), and all applicable federal, state, and local laws governing these products and product information.

*According to the FD&C Act's definition of cosmetics, cosmetics are articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. This definition includes products such as skin moisturizers, perfumes, lipsticks, nail polish, eye and facial makeup, cleansing shampoos, permanent waves, hair colors, and deodorants, as well as any substance intended to be used as a component of a cosmetic product. It does not include soap. (See "Soap" to understand which products are regulated as "soap  ".)

Ingredients

• Cosmetics must not contain prohibited ingredients and must comply with restrictions on restricted ingredients. Please see more information on Prohibited and Restricted Ingredients in Cosmetics.  
• Cosmetics do not require FDA registration, but they must be safe for use. In general, except for color additives and those ingredients that are prohibited or restricted by regulation, a manufacturer may use any ingredient in the formulation of a cosmetic, provided that--
  • the ingredients and the finished cosmetic are safe under labeled or customary conditions of use,
  • the product is properly labeled,
  • the use of the ingredient does not otherwise cause the cosmetic to be adulterated or misbranded under the laws that the FDA enforces.
• Cosmetics must be safe for use and must not pose an unreasonable risk of injury or illness, as determined by the FDA. Please see more information on Hair smoothing products  , Eye cosmetics  , Skin creams  , Tattoos and Permanent Makeup  .
• Cosmetics must not contain controlled substances. Please see: List of Controlled Substances  .
• Cosmetics must not be subject to recalls or safety alerts. Please see: Recalls, Market Withdrawals, & Safety Alerts
• Cosmetics must also comply with state and local regulations. For example, antiperspirants, deodorants, and hairsprays must not contain toxic air contaminants in California   and New York  .

Labeling

Cosmetic labels and labeling must be in English and prominently displayed on the label or tag, and contain the following information:

• The name of the product
• The intended use or purpose of the product
• The quantity of contents by weight, measure, numerical count, or combination of these
• The ingredient list
• The name and address of the manufacturer, packer, or distributor
• Any required label warnings (Note: All suntanning preparations that do not contain sunscreen ingredients are required warning statements on the label. Please see: Cosmetic Tanning Products  .)

For more information, please see: Cosmetic Labeling Guide  

Cosmetic labels and labeling must not:

• Claim the product can cure, mitigate, treat, or prevent human disease, unless the claim has been approved by the FDA and the product is properly labeled as both a cosmetic and a drug.
• Claim the product is "FDA approved" when it has not actually been approved by the FDA.
• Use the FDA logo.

For more information, please see: Is it a Cosmetic, a Drug, or Both? (Or is it Soap?)  

Packaging

• Cosmetics must be sealed in the original manufacturer’s packaging, new and unused, and must clearly display identifying codes placed on the packaging by the manufacturer or distributor, such as matrix codes, lot numbers, or serial numbers.
• Liquid oral hygiene products and all cosmetic vaginal products must be packaged in tamper-resistant packages when sold at retail.

Additional information about selling Cosmetics in the United States:

• This link may help you when determining if a cosmetic includes prohibited ingredients: Prohibited ingredients  
• Information on regulations, approvals, safety, and guidance related to color additives used in cosmetics.  
• Cosmetics Labeling Claims  
• FDA recall or safety alert, please see: Recalls, Market Withdrawals, & Safety Alerts  

Canada (CA) Laws and regulations for selling Cosmetics:

All cosmetics sold in Canada must be safe to use and must not pose any health risk. They must meet the requirements of the Food and Drugs Act   and the Cosmetic Regulations  . If applicable, they must also meet the requirements of other laws such as the Consumer Packaging and Labelling Act   (CPLA), the Canadian Environmental Protection Act, 1999   (CEPA), and the Cannabis Act  .

Under the Food and Drugs Act, a cosmetic includes "any substance or mixture of substances, manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes." This includes:

• cosmetics used by professional esthetic services
• bulk institutional products such as hand soap in school rest rooms
• "handmade" cosmetics sold through home-based businesses or craft sales

Manufacturers and importers must notify Health Canada of all cosmetics sold in Canada. Failure to notify may result in the product being denied entry into Canada or being removed from the market. For more information, please see: Cosmetic Notification  .

Labeling  

• Prohibits false and misleading representations relating to products.
• Labels must include:
  • Product identification
  • Net quantity
  • Manufacturer's name and address
  • Warnings and cautions
  • Ingredients
  • Additional sources of information on labelling requirements
• Product identity must be shown in English and French

For more information, please see: Industry Guide for the labelling of cosmetics   and Guide to the Consumer Packaging and Labelling Act and Regulations  

Prohibited and Restricted Ingredients

No one shall sell cosmetics containing substances harmful to the health of users. Please see the list of restricted or prohibited substances   in cosmetics.

Ban on Cosmetics Tested on Animals

The sale of cosmetics that have been tested on animals is prohibited, whether imported into Canada or manufactured in Canada.

For more information, please see:Animal testing ban on cosmetics  .

Additional information about selling Cosmetics in Canada:

• Advance notice of importation process applies to cosmetics in Canada  
• The distinction between cosmetics and drugs  

European Union (EU) Laws and regulations for selling Cosmetics:

If your business is located in the European Union, or if you sell cosmetic products to customers in the European Union, you're required to follow the EU Regulation 1223/2009   on Cosmetics or the laws of any member state where you intend to sell your products. These requirements include ingredient restrictions, a responsible person based in the EU, and labeling requirements.

*According to the EU regulations, cosmetic products are broadly defined as any substance or mixture intended to be placed in contact with the external parts of the human body (including the epidermis, hair, nails, lips, external genital organs, teeth and the mucous membranes of the oral cavity) with a view to cleaning, perfuming, changing the appearance, protecting them, keeping them in good condition or removing body odours.

Ingredient restrictions

The EU Cosmetics Regulation sets out certain restrictions on what cosmetics sold in the EU can contain.

• Certain substances   prohibited in cosmetics in the EU
• Other substances   must comply with the relevant restrictions
• CMR   (Carcinogenic, mutagenic or toxic to reproduction) substances requirement
• Colorant and the UV filters   restrictions. (sunscreens products)
• Cosmetics containing nanomaterials must be specifically notified to the European Commission

A responsible person

For every cosmetic, there must be a responsible person based in the EU. The responsible person is responsible for ensuring that each cosmetic product complies with the requirements of the EU Cosmetics Regulation:

• The responsible person's contact information (name and address) must be on the container and packaging of each cosmetic.
• Prior to selling a cosmetic product in the EU, the responsible person (and in certain circumstances the distributor) must submit information to the European Commission (via the Cosmetic Product Notification Portal  ).

*Note: Notification requirements  .

Labeling requirements

• Cosmetics' detailed information must be on the container and packaging and comply with labeling requirements  . This must be in indelible, easily legible, and visible lettering.
• If the information cannot be displayed on the container and packaging, it must be included on a leaflet, label, tape, tag, or card enclosed or attached to the product. Unless impracticable, abbreviated information or an applicable symbol can also be used.
• Key information must be translated into the language(s) of the EU countries in which the cosmetics will be sold.

Ban on the sale of cosmetics tested on animals

• Testing ban - Prohibits testing cosmetic products and ingredients on animals
• Marketing ban - Prohibits the sale in the EU of cosmetic products and ingredients that have been tested on animals

For more information, please see: Ban on animal testing  

Additional information about selling Cosmetics in the European Union:

Specific cosmetic products  

Cosmetic ingredient database  

UK (After Brexit) Laws and regulations for selling Cosmetics:

If your business is located in the UK, you're required to follow Regulation 2009/1223   and the Cosmetic Products Enforcement Regulations 2013   on cosmetics. The provisions apply differently to Great Britain (England, Scotland, and Wales, “GB”) and Northern Ireland. These requirements include ingredient restrictions, a responsible person based in the UK, and labeling requirements.

*According to the UK regulations, cosmetic products are broadly defined as any substance or mixture intended to be placed in contact with the external parts of the human body (including the epidermis, hair, nails, lips, external genital organs, teeth and the mucous membranes of the oral cavity) with a view to cleaning, perfuming, changing the appearance, protecting them, keeping them in good condition or removing body odours.

Ingredient restrictions

The UK Cosmetics Regulation sets out certain restrictions on what cosmetics sold in the UK can contain.

• Limitation   ingredients in cosmetics in the UK
• Prohibited on CMR   (Carcinogenic, mutagenic or toxic to reproduction) substances requirement
• Colorants, preservatives, or UV-filters restrictions. (Only substances listed in Annex 4  , Annex 5  , or Annex 6   can be used)
• Cosmetic products that contain nanomaterials need notification requirements  .

A responsible person

For every cosmetic, there must be a responsible person based in the UK. A Responsible Person must have a UK address to make cosmetics available in GB.

• The responsible person's contact information (name and address) must be on the container and packaging of each cosmetic.
• The Responsible Person must keep a PIF   (product information file) in English for all their cosmetic products.
• Before placing a cosmetic product on the UK market, the responsible person must submit relevant information through notification to the UK Office for Product Safety and Standards (OPSS), as per the notification guidelines  .

Labeling requirements

• Cosmetics' detailed information must be on the container and packaging and comply with labeling requirements  . This must be in indelible, easily legible, and visible lettering, printed or embossed form.
• If it is not possible for this information to be on the container and packaging, it must be included on a leaflet, label, tape, tag, or card enclosed or attached to the product. Unless impracticable, abbreviated information or an applicable symbol can also be used.
• Key information must be in English for cosmetics sold in GB.

Additional information on Selling Cosmetics in the UK：

• Ban on the use of plastic microbeads in cosmetics  
• Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022  

Northern Ireland

Please note that different rules apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:

• You should ensure that products meet EU requirements, including notification to the EU Portal (CPNP).
• The responsible person can be located in Northern Ireland or the EU.
• Restrictions on certain substances
• Compliance with cosmetic labeling requirements
• Ban on the sale of cosmetics tested on animals

For more information, please refer to:

• Regulation 2009/1223 and the Cosmetic Products Enforcement Regulations 2013: Northern Ireland  
• Regulations and guidance on the requirements for moving goods into, out of, or through Northern Ireland  
• Provisions by the UK product safety and metrology