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Thursday, November 7, 2013Regulation

The Commission publishes a manual to classify "borderline" products

© CosmeticOBS-L'Observatoire des Cosmétiques

Cosmeto-textiles, skin wipes, nasal sprays, anti-wrinkles products… Are my products cosmetic products or not? Which regulatory framework applies? It is never easy to classify so-called “borderline” products, because it is not clear whether they fall under one or another piece of legislation. The European Commission has therefore published a manual to guide the various stakeholders in the sector, including competent authorities and courts.

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Manual on the scope of application of the Cosmetics Regulation  (EC) no 1223/2009 (art.2(1)a)) version 1.0 (November 2013)

Note
The definition of a cosmetic product is provided in Art. 2, 1.a) of the Cosmetics Regulation , which states: " 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."
This manual was drafted on the basis of that definition.

Introduction

The clear determination of the scope of application of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products ("Cosmetics Regulation") is crucial for the proper implementation of the Cosmetics Regulation and its correct interpretation and enforcement by national competent authorities of the Member States.

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