EU Requirements: EU Regulation 1223/2009 on Cosmetic Products (the “EU Cosmetics Regulation”) regulates the supply and sale of cosmetic products in the EU. It sets out a number of important requirements in relation to cosmetic products, including prohibitions and restrictions on certain substances, a requirement for a responsible person based in the EU and labelling requirements.
It is your responsibility to comply with the EU requirements if you are selling cosmetics products in the EU. You must also comply with other national requirements in the countries in which you sell these products.
Please see below for further information about EU requirements.
UK Requirements: From January 1, 2021, an amended version of Regulation (EC) No 1223/2009 applies to the supply and sale of cosmetic products in the UK as a result of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (the “UK Regulation on Cosmetic Products”). This sets out a number of important requirements in relation to cosmetic products, including prohibitions and restrictions on certain substances, a requirement for a responsible person based in the EU and labelling requirements. Different rules apply to goods you sell in: (1) Great Britain (England, Scotland and Wales); and (2) Northern Ireland. We have noted below where there will be relevant changes in the UK requirements from January 1, 2021.
It is your responsibility to comply with the UK requirements if you are selling cosmetics products in the UK. If you also sell on cosmetics products on Amazon EU website(s), then you must also comply with EU Cosmetics Regulation and with other national requirements in the countries in which you sell these products.
Please see below for further information about UK requirements.
This material is for informational purposes and you should not take it as a substitute for legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations concerning your product. This material only reflects the position at the date of writing and requirements across the EU and in the UK may change. You should refer to current UK Brexit guidance about your products (where available) to learn more about changes that may affect you from January 1, 2021.
The EU Cosmetics Regulation applies to any cosmetic product supplied or sold in the EU. A “cosmetic product” 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 odours. Examples of cosmetics products range from antiperspirants to soap, make-up to toothpaste, sun lotion to perfume.
The EU Cosmetics Regulation is a complex piece of legislation that has a number of important requirements that must be complied with before a cosmetic product can be sold in the EU . In particular, (i) restrictions on what a cosmetic product can contain if it is to be sold in the EU , (ii) the requirement to have a responsible person based in the EU , (iii) key labelling information that must be provided with the product and on the product packaging, and (iv) a requirement to keep a product information file detailing proof of compliance for each cosmetic.
The information provided here is not an exhaustive description of the relevant requirements, and you are encouraged to seek specific advice on ensuring compliance with the EU Cosmetics Regulation.
The EU Cosmetics Regulation sets out certain restrictions on what a cosmetics product sold in the EU can contain. Certain substances are prohibited and cannot be used in cosmetics in the EU in any circumstances (see Annex II of the EU Cosmetics Regulation). Other substances can only be used if that use complies with the relevant restrictions (see Annex III of the EU Cosmetics). In addition:
Lastly, cosmetic products containing nanomaterials must be specifically notified to the European Commission .
For every cosmetic product, 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. They may be a natural or a legal person and will either be the manufacturer, importer or an authorized person, depending on the circumstances. In limited circumstances, a distributor can be the responsible person if they modify a cosmetic product in a way that could affect the cosmetic product’s compliance with the EU Cosmetics Regulation or sell a cosmetic product in the EU under their name or trademark. The contact information of the responsible person (name and address) must be on the container and packaging of each cosmetic product.
The responsible person must keep a product information file for a period of ten years from the date on which the last batch of the cosmetic product was supplied or sold in the EU. The product information file must also be readily accessible in electronic or other format at the responsible person’s address. This address must be indicated on the label. The product information file should contain: (i) a description of the cosmetic product; (ii) the cosmetic product safety report; (iii) a description of the manufacturing method and a statement on compliance with good manufacturing practice; (iv) proof of the effect claimed for the cosmetic product, where justified by the nature or the effect of the cosmetic product; and (v) data on any animal testing. This information should be updated as necessary.
Where a responsible person considers or has reason to believe that a product is not in conformity with the EU Cosmetics Regulation, they must immediately take the necessary corrective measures to bring the product into conformity, withdraw it or recall it, as appropriate. Where that cosmetic product presents a risk to human health, the responsible person must immediately inform the competent authority where the product has been made available and where the product information file is accessible, giving details of, in particular, the non-compliance and corrective measures taken.
Responsible persons are under an obligation to cooperate with the competent authorities and, if requested to, cooperate on any action to eliminate the risks posed by products that they have made available. Responsible persons must respond to a reasoned request from an authority to provide the information and documentation necessary to demonstrate conformity with the requirements that they were under an obligation to check.
Amazon does not allow the sale of professional use only chemicals. Please check with the manufacturer or product label to see if your product is professional use only.
Cosmetic products must, on the container and packaging, include the following information. This must be in indelible, easily legible and visible lettering:
Cosmetic products must, on the container and packaging, include certain information, including the information set out below. 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 products will be sold.
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).
This information that needs to be notified includes the following:
The information above is not an exhaustive list of notification obligations. Therefore we encourage you to seek advice to ensure full compliance with the regulatory regime.
We strongly encourage you to visit the European Commission’s website for more information on the FCM requirements in the EU:
The UK requirements for cosmetic products apply to any cosmetic product supplied or sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below. A “cosmetic product” 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 odours. Examples of cosmetics products range from antiperspirants to soap, make-up to toothpaste, sun lotion to perfume.
UK Regulation on Cosmetic Products has a number of important requirements that must be complied with before a cosmetic product can be sold in GB. These include, in particular:
The information provided here is not an exhaustive description of the relevant requirements, and you are encouraged to seek specific advice on ensuring compliance with the UK’s requirements for cosmetic products.
There are certain restrictions on what a cosmetics product sold in GB can contain. Certain substances are prohibited and cannot be used in cosmetics in GB in any circumstances (see Annex II of the EU Cosmetics Regulation, visit the and UK Regulation on Cosmetic Products), other substances can only be used if that use complies with the relevant restrictions (see Annex III of the EU Cosmetics Regulation and UK Regulation on Cosmetic Products). In addition:
Lastly, cosmetic products containing nanomaterials must be specifically notified to the UK authorities (via the UK Submit Cosmetic Product Notification (SCPN) service).
For every cosmetic product, there must be a responsible person, based in GB.
The responsible person is responsible for ensuring that each cosmetic product complies with the requirements for cosmetic products. They may be a natural or a legal person and will either be the manufacturer, importer or an authorised person, depending on the circumstances. In limited circumstances, a distributor can be the responsible person if they modify a cosmetic product in a way that could affect the cosmetic product’s compliance with the EU Cosmetics Regulation / UK Regulation on Cosmetic Products or sell a cosmetic product in GB under their name or trademark. The contact information of the responsible person (name and address) must be on the container and packaging of each cosmetic product.
The responsible person must keep a product information file for a period of ten years from the date on which the last batch of the cosmetic product was supplied or sold in GB. The product information file must also be readily accessible in electronic or other format at the responsible person’s address. This address must be indicated on the label. The product information file should contain: (i) a description of the cosmetic product; (ii) the cosmetic product safety report; (iii) a description of the manufacturing method and a statement on compliance with good manufacturing practice; (iv) proof of the effect claimed for the cosmetic product, where justified by the nature or the effect of the cosmetic product; and (v) data on any animal testing. This information should be updated as necessary.
Where a responsible person considers or has reason to believe that a product is not in conformity with the UK Regulation on Cosmetic Products they must immediately take the necessary corrective measures to bring the product into conformity, withdraw it or recall it, as appropriate. Where that cosmetic product presents a risk to human health, the responsible person must immediately inform Trading Standards, giving details of, in particular, the non-compliance and corrective measures taken.
Responsible persons are under an obligation to cooperate with Trading Standards and, if requested to, cooperate on any action to eliminate the risks posed by products that they have made available. Responsible persons must respond to a reasoned request from Trading Standards to provide the information and documentation necessary to demonstrate conformity with the requirements that they were under an obligation to check.
Amazon does not allow the sale of professional use only chemicals. Please check with the manufacturer or product label to see if your product is professional use only.
Cosmetic products must, on the container and packaging, include the following information. This must be in indelible, easily legible and visible lettering:
Cosmetic products must, on the container and packaging, include certain information, including the information set out below. 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 products sold in GB.
Prior to selling a cosmetic product in GB, the responsible person (and in certain circumstances the distributor), must submit information to the UK authorities (via the UK Submit Cosmetic Product Notification (SCPN) service).
This information that needs to be notified includes the following:
The information above is not an exhaustive list of notification obligations. Therefore we encourage you to seek advice to ensure full compliance with the regulatory regime.
Please note that different rules apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
Brexit guidance can be found here:
For more information on the requirements for cosmetics products in the UK, we encourage you to visit the following site:
The following websites contain information about changes in relation to Brexit: