Cosmetic product classification
A cosmetic product in Europe and UK is defined 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)
Several things we need to look at in the definition, for example, product must be a “substance” or a “mixture” to be classified as a cosmetic. Because of this, items like nail wraps or false eyelashes are not considered cosmetics. Even though they are applied on the body to change appearance, they are viewed as finished articles rather than cosmetics.
Cosmetic product application site is also important. The product must be intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs). Consequently, any product designed to be swallowed, inhaled, injected, or surgically implanted does not qualify as a cosmetic in the EU or the UK.
The purpose of the product must be exclusively or mainly to clean, perfume, change appearance, protect, keep in good condition, correct body odours. How you market your product often dictates its legal category. This is particularly relevant for “borderline products,” which share traits with more than one product category, and it is therefore difficult to classify.
To stay within the cosmetic category, cosmetic product cannot be marketed as treatment or preventative for diseases. Because of this, it is not allowed to mention diseases, showing medical imagery, or using language that implies a medicinal purpose on packaging or labels. Determining if a product qualifies as a cosmetic requires a comprehensive, case-by-case evaluation. This assessment takes into account all specific characteristics of the product.
cosmetic ingredient review
Evaluating the cosmetic ingredients is just as critical as determining the correct product classification. Cosmetic products must exclude all prohibited substances listed in Annex II and strictly adhere to the restrictions defined in Annex III. Additionally, they must comply with the specific regulatory requirements for colorants (Annex IV), preservatives (Annex V), and UV filters (Annex VI).
CosIng is the European Commission’s official online database that provides free access to information on cosmetic substances and ingredients, including their regulatory status and restrictions under the EU Cosmetics Regulation (EC) No 1223/2009. Link here.