The information that cosmetic consumers receive is crucial for making conscientious and safe use of such products. In the article, we discuss some of the most relevant aspects from the perspective of the legislation applicable in Spain and the European Union for cosmetics.
When we talk about cosmetics, what does the legislation understand by cosmetics? It refers to any substance or mixture intended to be applied to the superficial parts of the human body (epidermis, hair and scalp, nails, lips, and external genital organs) or to the teeth and oral mucous membranes, with the exclusive or primary purpose of cleansing, perfuming, altering their appearance, protecting them, maintaining them in good condition, or correcting body odours. In addition to the concept, the other key elements that we need to consider are established in EU Regulation 1223/2009 and also in national legislation for these products (Royal Decree 85/2018).
What information should appear on the labelling of a cosmetic product?
The elements that must appear on the labelling of any cosmetic are determined by Article 19 of Regulation 1223/2009. This includes basic information to identify the responsible party, understand the characteristics of the product, and also be aware of any warnings for safe use of the cosmetic.
- Name or corporate name and address of the responsible operator for the marketed cosmetic. In the case of imports, the country of origin must also be stated.
- Nominal content, indicating the quantity of product we will receive.
- Minimum durability date or, if applicable, the period within which the product should be used once opened. This is not mandatory for cosmetics with a shelf life exceeding thirty months.
- Instructions for use and warnings. For example: “Avoid contact with eyes,” “For professional use only,” “Temporary ‘black henna’ tattoos may increase the risk of allergy.”
- Batch number.
- Product function.
- Ingredients list.
The mandatory elements provided for in Regulation 1223/2009 must be labelled in Spanish as established by Royal Decree 85/2018.
Supplementary information about cosmetic products
These are the essential elements that we can find on the labelling of cosmetics, although not the only ones. Cosmetic products include a large number of statements about their properties or attributes; in this sense, it is important for product manufacturers to bear in mind both what Article 20 of Regulation 1223/2009 establishes and Regulation 655/2013, which sets out the common criteria that claims regarding cosmetic products must meet.
The common criteria that we need to consider are:
- Compliance with legislation. It is not permitted to claim that the product has been authorised or approved by a competent EU authority. The acceptability of a claim is based on the perception of a cosmetic product by the average end user (CJEU case law: average consumer, normally informed and reasonably attentive and observant).
- Truthfulness. If a product claims to contain a specific ingredient, it must be deliberately present. Claims about a specific ingredient must not imply that the finished product has those same properties when it does not.
- Data supporting the claim. Claims for cosmetic products, whether explicit or implicit, must be supported by appropriate and verifiable evidence, of any type, including, if applicable, expert assessments. The evidence to justify the claim must take into account the most advanced practices.
A claim that attributes to the finished product (explicitly or implicitly) properties of a specific ingredient must be supported by appropriate and verifiable evidence, such as data demonstrating the presence of the ingredient in an effective concentration. - Honesty. Claims about the effects of a product hould not go beyond the available evidence. Claims should not attribute specific (i.e., unique) characteristics to the product in question if other similar products have the same characteristics. If a product’s action is linked to specific conditions, for example, if it is to be used in conjunction with other products, this should be clearly indicated.
- Impartiality. Claims regarding cosmetic products must be objective and not disparage competitors or legally used ingredients. Claims regarding cosmetic products must not create confusion with competing products.
- Informed decision-making. Claims must be clear and understandable for the average end user. Claims are an integral part of the products and should contain information that allows the average end user to make informed decisions. All communications must be clear, accurate, relevant, and understandable to the recipients.
If you need legal or technical advice regarding issues related to regulations on healthy foods, we at AINIA can assist you through the cosmetics support team.
