Tuesday, December 19, 2017Cosmetic regulations

Cosmetics online selling: the list of ingredients should be displayed

 © CosmeticOBS-L'Observatoire des Cosmétiques

We often look for it in vain, although it is actually mandatory. The DGCCRF (French General Directorate for Competition Policy, Consumer Affairs, and Fraud Control) has just reminded that the list of ingredients constitutes substantial information under Article L.111-1 of the French Consumer Code and that it should also be displayed on cosmetics e-shops. They have announced inspections to be carried out throughout 2018…

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DGCCRF press release

Regulation (EC) 1223/2009 of 30 November 2009 on cosmetic products provides for indications and information to be affixed on cosmetic product labels. They include the list of ingredients, or INCI list, preceded with the term ‘Ingredients’.

However, the Regulation does not provide for any particular provisions for distance selling. As a result, they fall under the scope of the common law on consumption, i.e. the procedures provided for in Article L.111-1 of the French Consumer Code: ‘Before the consumer is bound by a goods or service sales contract, the professional supplies the consumer with the following information, in a way that can be easily read and understood: 1°) The main characteristics of the goods or services, taking into account the communication medium used and the goods or services at stake (…)’.

So, when it comes to online product selling, some of the labelling indications should be resumed for the purposes of consumer pre-contractual information: what is at stake here is the ‘main characteristics of the product’.

As regards cosmetics, their functions, compositions, precautions for use, and nominal quantities are considered as main characteristics to which the consumer should have access to purchase products knowingly.

As a matter …

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