{"id":13463,"date":"2022-09-05T19:10:23","date_gmt":"2022-09-05T19:10:23","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13463"},"modified":"2022-09-25T07:25:40","modified_gmt":"2022-09-25T07:25:40","slug":"cosmetics","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/cosmetics\/","title":{"rendered":"Cosmetics [EU]"},"content":{"rendered":"

Cosmetics.<\/p>\n

EU legislation on cosmetics dates back almost 50 years.\u00a0 Cosmetic products are substances intended to be placed in contact with various external parts of the human body or with teeth and the mucus membrane of \u00a0the oral cavity, with a view \u00a0exclusively or mainly to cleansing, perfuming, change in their appearance or correcting body odours and\/or protecting them or keeping them in good condition.<\/p>\n

Products are listed in the annexe to the directive in illustrative fashion.\u00a0 They must not be harmful to health when they are applied under normal or foreseeable conditions of use.<\/p>\n

States must take necessary measures to ensure that only cosmetic products that conform with the directive are placed on the market.\u00a0 Conforming products may not be refused, prohibited or restricted.<\/p>\n

If a state notes that a product, although complying with the directive represents a hazard to health, it may provisionally prohibit it from marketing subject to the conditions.\u00a0 It must then inform the states and the Commission, giving reasons for the decision.\u00a0 The Commission must consult states and deliver an opinion without delay.<\/p>\n

The directive provides lists of ingredients which may not be included in cosmetic products and lists of substances which can only be included under certain conditions.\u00a0 There are lists of colourings, preservatives and UV filters which are permitted.<\/p>\n

Packaging for cosmetics must contain legible and visible and indelible labelling containing name and trade address of the manufacturer or importer or marketer, contents at the time of packaging by weight and volume.<\/p>\n

Products with a minimum durability of less than 30 months must specify the date, best before.\u00a0 Products with a minimum durability of more than 30 months must state the period after opening for which the product can be used without harm.\u00a0 Particular precautions for use must be specified.\u00a0 Batch number or product reference must be labelled to permit identification.\u00a0 Product function must be specified.The information must be in the national language or official language of the state.<\/p>\n

Labels must contain lists of ingredients in descending order preceded by the word ‘ingredients’.\u00a0 Perfume and aromatic compositions must be referred to by the word ‘perfume’ or ‘aroma’ other than where they contain an allergic substance which may cause an allergic reaction in sensitive users.\u00a0 Lists of ingredients may be required to be labelled in accordance with common ingredients naming conventions.<\/p>\n

Manufacturers, their agents or persons to \u00a0whose order cosmetic products are manufactured and persons \u00a0responsible for placing imported cosmetics on to the EU market must keep certain product and safety information at the disposal of the competent authorities. \u00a0States must check the safety of products and take necessary measures to ensure that manufacturers not importers place products in the market which do not comply with the directive.\u00a0 They must take steps to ensure that cosmetic products do not exhibit characteristics which they do not possess.<\/p>\n

Manufacturers or the above parties must notify the authority of the place of manufacture of the product or the place where first imported.<\/p>\n

The directive bans animal testing for cosmetic \u00a0products.\u00a0 This ban covers testing finished cosmetic products and ingredients on animals and marketing finished cosmetic products which have been tested on animals or which contain ingredients which have been tested.\u00a0 The ban commenced in 2004.\u00a0 Transitional measures applied for five years.<\/p>\n

A marketing ban applies progressively as alternative methods are validated under EU legislation.\u00a0 Certain products tested for human health effects enjoyed a 10 year deadline to 2013.<\/p>\n

From July 2013 year regulation replaces the cosmetic directives which have dated back to 1976.\u00a0 The definition of cosmetic products is much the same as above.\u00a0 Provided products comply with the regulation, they must be allowed free movement in the internal market.<\/p>\n

A responsible person established in the EU is to be designated for each \u00a0product placed on the market.\u00a0 That person must ensure compliance with the rules and provisions of the regulation.\u00a0 This includes in particular, requirements in relation to human health, safety and consumer information.\u00a0 The person must maintain product information while accessible to public authorities.<\/p>\n

In order to ensure # persons responsible must identify distributors whom they supply products for a period of three years following the date on which the batch has been delivered.<\/p>\n

In the case of product noncompliance, the responsible persons will take measures to render it compliant, withdraw it from the market and recall it.\u00a0 Where these steps are not taken, the competent authorities may take the necessary corrective measures.<\/p>\n

The Annexes to the directive provide a list of prohibited substances and restricted substances.\u00a0 The regulation prohibits the use of substances recognised as carcinogenic, mutagenic and toxic for reproduction other than in exceptional circumstances.\u00a0 It provides very high level of protection of human health where nanomaterials are used in cosmetic products.<\/p>\n

Product labelling requirements require containers and packages to bear written information in indelible, easily legible and visible lettering.\u00a0 This includes particulars as set out above.\u00a0 They must be included in the language of the member of the state where they are made available.<\/p>\n

The above prohibition on animal testing is reaffirmed.\u00a0 The commission is assisted by a standing committee on cosmetic products.<\/p>\n

Consumer information<\/p>\n

Product labelling contributes to consumer protection. Containers or packaging must bear written information in indelible, easily legible and visible lettering.This information concerns:<\/p>\n