Imported cosmetics: what should you check for?

When importing cosmetic products into the UK they must be safe for use. Assimilated Regulation (EC) No 1223/2009 on cosmetic products makes it an offence to supply a cosmetic product that may cause damage to human health, or if it contains specific restricted or prohibited substances.

Cosmetics are also subject to a legal definition. It is an offence to supply an incorrectly labelled cosmetic product, to fail to undertake certain safety assessments and to not compile technical documentation.

Vigilance is key to ensuring your business stays within the confines of the law and minimises the risk of selling unsafe cosmetics.

What is a cosmetic?

A cosmetic product is any substance or mixture intended to be placed in contact with external parts of the human body, such as the skin, hair, nails, lips and external genital organs, or with the teeth and/or inside the mouth with a view to clean or perfume them, change their appearance, protect them, keep them in good condition or correct body odours. Examples would include makeup, shampoo, moisturiser and toothpaste. For the full legal definition, visit the ‘Cosmetic products’ pages of the Business Companion website (https://www.businesscompanion.info/en/quick-guides/product-safety/cosmetic-products).

What information should I check for?

If you sell cosmetics sourced from outside the UK, you should check the product’s UK compliance by ascertaining the following information:

• Is there a UK manufacturer, distributor or importer’s name and address on the packaging acting as the responsible person for that product?
• Are the ingredients listed in English?
• Are the instructions for use in English?
• Does the product have a batch code to identify it?
• Has the Office for Product Safety and Standards been notified of the product through the ‘GB submit cosmetic product notification portal’ at uk? As the importer, it is your responsibility to make this notification or ensure it has been done by the importer/manufacturer’s authorised representative. See www.gov.uk/guidance/submit-a-cosmetic-product-notification

Further detailed guidance can be found on the ‘Cosmetic products’ pages of the Business Companion website (https://www.businesscompanion.info/en/quick-guides/product-safety/cosmetic-products).

Medical products

Be aware of products that make any medical claims to cure or treat disease. Products making such claims may be classed as medicinal products rather than cosmetics and so require authorisation through the Medicines and Healthcare products Regulatory Agency (MHRA) before sale to ensure they are safe and effective.

For further information regarding medicinal products, contact the MHRA’s customer services at info@mhra.gov.uk

Customer services can also be contacted via phone weekdays between 9am and 5pm on 020 3080 6000.