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Tuesday, November 8, 2011Focus

Cosmetics Regulation: The Responsible Person

©L'Observatoire des Cosmétiques

At the core of the European Cosmetics Regulation, which is implemented since 11 July 2013, a brand-new role: the "Responsible Person" (RP). His appointment is the sine qua non condition prior to the placing of cosmetic products on the market. This person then has numerous responsibilities. Thus, it is of the utmost importance to write thorough contracts: on the one hand, to protect his interests, on the other hand, because a company that devolves such a role must be sure he will meet all his obligations.

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Who is the responsible person?

In its article 4, the Regulation states, "Only cosmetic products for which a legal or natural person is designated within the Community as ‘responsible person’ shall be placed on the market."

The RP may then be a natural person or an organization. Clearly, the second option is to be preferred: a human being may leave the company--which would induce a huge up dating of all the files. Nevertheless, the most important reason is a potential criminal conviction.

Three cases may occur:
 1/ if the product is manufactured in the European Community (EC), the RP is the manufacturer,
 2/ if the product is manufactured outside of the EC, it will be the first importer in EC,
 3/ if the distributor has a role in the placing on the market (by modifying something: an ingredient, the name/brand, the packaging …), the RP will be the distributor. Note that translating a label is not considered as a change.

Further, the Regulation allows for the designation, by written mandate, of another person established within the Community as the responsible person who shall accept in writing, as a proof of a "freely and informed consent".

Finally, do not mistake the …

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