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. You should 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.

*According to the FDA’s definition of cosmetics, cosmetics products are usually rubbed, poured, sprinkled, or sprayed onto the body for cleansing, beautifying, or changing the appearance of the body. 

*According to the EU and UK regulation’s definition of cosmetics, cosmetics products can be broadly described as a substance or mixture that is intended to be applied to the human body (including the skin, hair, nails, lips, external genital organs, teeth, and mucous membranes of the oral cavity) for the purposes of cleaning, perfuming, changing its appearance, protection, keeping the body or that part of the body in good condition or correcting body odors. 

 

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

China has issued a series of cosmetics products laws and regulations. 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 restrictionList of prohibited raw materials for cosmetics

Import and export requirements:Import and export supervision and inspection of cosmetics management measures

 

HK SAR Laws and regulations for selling and exporting Cosmetics:

Under the Cap.456 Consumer Goods Safety Ordinance  , the regulation requires that all consumer goods, except those listed in the Schedule to the Ordinance, must comply with the general safety requirement or safety standards and specifications prescribed by the Secretary for Commerce and Economic Development. 

 

Manufacturers, importers, and suppliers have a statutory duty: that comply with the consumer goods they supply are reasonably safe, and there are controls on the advertising of consumer goods. 

To be noted, there are no mandatory safety tests required before products are sold, but suppliers are encouraged to have their goods tested by an approved laboratory. A defence for a person charged with an offence is to show that they have taken all reasonable steps and exercised all due diligence to avoid committing an offence. The warning or caution about safe keeping, use, consumption, or disposal of consumer goods must be given in both English and Chinese, and must be legible and placed in a conspicuous position on the goods, package, label, or document enclosed in the package, according to the Consumer Goods Safety Regulation.

 

Under the Mercury Control Ordinance (Cap. 640)  , the import of mercury (commonly known as "mercury") and mercury mixtures requires a license issued by the Environmental Protection Department, hence, no person shall import regulated mercury-added products.

Cosmetics containing more than 1 ppm mercury, and -

(a) Includes skin illuminating soaps and creams; and

(b) Does not include make-up products intended by the manufacturer to be used only in the vicinity of the eyes that -

(i)Contain mercury used as a preservative;

(ii) for which there is no effective and safe alternative to the preservative; and

(iii) contain no more than 70 parts per million (ppm) of mercury.

 

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&L Act), and the regulations published under the authority of these laws.

Declaration of Ingredients

*Note: Cosmetics sold in California and New York, such as antiperspirants, deodorants, and hairsprays must not contain toxic air contaminants, please see California Air Resources Board Consumer Products Enforcement and New York Department of Environmental Conservation

Labeling

  • Cosmetics labels and detail pages must be labeled in English, The Cosmetics Labeling Guide provides step-by-step help with cosmetic labeling.
  • Cosmetic labels and detail pages must not use the FDA logo or state that the products cure, mitigate, treat, or prevent a disease in humans, or state “FDA approved” if they are not FDA approved.

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.

Additional information about selling Cosmetics in the United States:

 

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.

The manufacturer and importer must:

  • provide a list of the product's ingredients
  • notify Health Canada that they are selling the product

Labeling

  • Prohibits false and misleading representations relating to products.
  • Three mandatory statements must be shown on a label: product identity, product net quantity

dealer's name, and principal place of business

  • Product identity must be shown in English and French

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.

Additional information about selling Cosmetics in Canada:

 

European Union (EU) Laws and regulations for selling Cosmetics

If your business is located in the European Union, or if you sell medical devices 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. 

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 cosmetics, 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 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 translated into the language(s) of the EU countries in which the cosmetics will be sold.

Additional information about selling Cosmetics in the European Union:

 

UK (After Brexit) Laws and regulations for selling Cosmetics

If your business is located in the UK, you're required to follow Regulation (EC) No 1223/2009 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

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 cosmetics, there must be a responsible person based in the UK. A Responsible Person must have a UK established 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.
  • Prior to placing the cosmetic product on the market, the responsible person must submit the information to the UK Government through the UK's Submit Cosmetic Product Notifications service (SCPN).

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 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.

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 persons can be based in NI or the EU.

See more information:

Additional information about selling Cosmetics in the European Union:

Was this article helpful?
0 out of 0 found this helpful

Comments

0 comments

Please sign in to leave a comment.

Live chat
Reset