Not every product that we may consider cosmetic product in our everyday life would be classified as a cosmetic in regulatory terms. The first step in cosmetic product registration in any country therefore is to correctly classify your product. In order to do that, you have to know the definition of a cosmetic product.
A cosmetic product in Europe and UK is defined in the Regulation 1223/2009 as follows:
'cosmetic product' means any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours. (EU Regulation 1223/2009, Article 2.1.a)
The assessment of whether a product is a cosmetic product has to be made on the basis of a case-by-case assessment, taking into account all characteristics of the products.
The product has to be a:
Substance
Mixture
Based on the definition of the cosmetic products, products that may seem to be cosmetics, like nail wraps, a toothbrush or false eyelashes, therefore aren't cosmetics, even though they are placed in contact with the external parts of the human body, and their primary function is to change appearance, but they wouldn't be considered a substance or a mixture. Any kind of tools, machines, objects etc. can't be classified cosmetics.
The product has to be intended to be placed in contact with:
External parts of the human body
Epidermis
Hair system
Nails
External genital organs
Teeth
Mucous membranes of the oral cavity
Since products have to be placed in contact with the external parts of the human body or with the teeth and the mucous membranes of the oral cavity, any product intended to be ingested, inhaled, injected or implanted into the human body would also not be considered a cosmetic product in the EU or the UK. Breast implants therefore aren't cosmetics, even though their primary function is also to change appearance.
The purpose of the product has to be exclusively or mainly to:
Clean
Perfume
Change appearance
Protect
Keep in good condition
Correct body odours
Classification of the product often depends on the claims which the manufacturer makes for that product. This is especially the case with the so-called borderline products, where products have characteristics of more than one product category, and it is therefore difficult to classify them.
Cosmetic products can be on the borderline with medical devices, pharmaceuticals, biocides, toys etc. Cosmetic products should have the function of exclusively or mainly to clean, perfume, change appearance, protect, keep in good condition or correct body odours. The intended function does, among others, not include products presented as having properties for treating or preventing disease in human beings.
Therefore, mentioning or visually presenting any diseases on cosmetic product labels is not allowed, and neither is using words or phrases which present a medicinal intent. It is important to note that acne, for example, are also considered a disease, so anti-acne products aren't classified as cosmetics. The assessment of whether a product is a cosmetic product has to be made on the basis of a case-by-case assessment, taking into account all characteristics of the products.
It is not enough for the product only to be a substance or a mixture, and have the right site of application, purpose and claims, but it also has to have the correct composition. Cosmetic products should not contain certain prohibited ingredients (listed in the Regulation 1223/2009 Annex II), obey guidelines on restricted substances (restrictions are laid down in Annex III), and need to conform with the requirements connected with colorants (Annex IV), preservatives (Annex V) and UV filters (Annex VI).
Cosmetic products may include:
Creams, emulsions, lotions, gels and oils for the skin
Face masks
Tinted bases (liquids, pastes, powders)
Make-up powders
After-bath powders
Hygienic powders
Toilet soaps
Deodorant soaps
Perfumes, toilet waters and eau de Cologne
Bath and shower preparations (salts, foams, oils, gels)
Depilatories
Deodorants and antiperspirants
Hair colorants
Products for waving, straightening and fixing hair
Hair-setting products
Hair-conditioning products (lotions, creams, oils)
Hairdressing products (lotions, lacquers, brilliantines)
Shaving products (creams, foams, lotions)
Make-up and products removing make-up
Products intended for application to the lips
Products for care of the teeth and the mouth
Products for nail care and make-up
Products for external intimate hygiene
Sunbathing products
Products for tanning without sun
Skin-whitening products
Anti-wrinkle products
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