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The obligations of distributors of cosmetic products

The distribution ofcosmetic products requires significant attention, as the distributor has to check the supplier to a certain extent, in order to ensure that the distributed cosmetics fully meet the requirements of Regulation 1223/2009/EC. Our article provides useful guidance about the necessary arrangements and tasks which need to be done prior to the placing of cosmetic products on the market.


 

The obligations of distributors of cosmetic products

 

Services related to the authorization of cosmetic products


Statue for the understanding the liabilities of cosmetic product distributors:


If the distributor believes or has a reason to believe that the cosmetic product does not compliance with the requirements of REGULATION (EC) No 1223/2009, he cannot place the product on the market.

Moreover, if the cosmetic product risk human health, the distributors fortwith inform the responsible person and the competent national authority of the responsible person’s member state - where the product is on the market - about it, and give the details of breach of regulations and the taken corrective measures.

 

Distributor:

 

Those natural or legal person in the supply chain, who distribute the cosmetic product on the Community market, except the manufacturer and the importer.

Not considered to be the distributor who places a cosmetic product under his name or trademark on the market, or changes a product already on the market in a way that may affect compliance with the requirements for the product, as in this case, he is considered to be the responsible person.

Only those cosmetic products can be placed on the market which has a safety assessment, product information documentation and labelling according to the 1223/2009 / EC, and whose production is carried out in accordance with good manufacturing practice.

From 11th of July 2013 the Regulation (EC) No 1223/2009 applies in the countries of the European Economic Area (EEA), including the 27 EU Member States, Iceland, Liechtenstein and Norway.

 

Obligations:

 

1. The tasks of the distributor to check:

  • Whether labelling information are shown on the product
  • name of the responsible person or its registered company name and address
  • The batch number or identification number of the cosmetic product
  • the list of ingredients on the container or on the packaging, or on the supplied information material

2. If the prescribed language requirements are met- the information must be written on the official language of those country where the final product will be placed on the market

3. It is necessary to check if the specified shelf-life time is not expired yet.

 

Label elements

 

A cosmetic product can be distributed only if the following label information can be found on the packaging and container – in an indelible, easily legible and visible way:

 

1. Name of the responsible person or registered company name and address. The country of origin in the case of imported cosmetic products

2. The nominal content by weight or volume at the time of packaging.

(Exception: Prepacked products, many products for which the weight or volume is not relevant, packaging which contains less than 5 g or 5 ml of the product, free samples and disposable products.)

3. Shelf life

The shelf life, in case of products with a shelf life of less than 30 months.

Appropriate format: after the date of minimum durability symbol or the period-after-opening must be followed by month/year or day/month/year order

b, in the case of cosmetic products with a shelf-life of more than 30 months, those time period must be indicated after opening in which the product is safe and can be used by the consumer without any negative consequences. The " Period-after-opening" symbol is followed by the time indicated in months and / or years, unless the period of usability after opening is not relevant: in case of disposable products, non-perishable products or decomposed product.

4. Special precautions for user:

5. The batch number or identification number of the cosmetic product.

6. The designation of the cosmetic product, unless it can be stated by its appearance.

7. List of ingredients according to INCI (International Nomenclature Cosmetic Ingredient). This information shall be provided only on the outer packaging (if applicable).

 

The labeling information must be provided in the language of the Member State where the product is distributed for the end user (except: "Ingredients").

If it is not possible to indicate the listed information on the label due to practical reasons, the information must be indicated on an leaflet, label, tape or card enclosed or attached to the product.

Our service on the preparation and translation of the label plan of cosmetic products

 

Notification of the marketed products:

 

A distributor who makes such a cosmetic product available in a Member State that has been already marketed in another Member State and translates - on his own initiative, - any element of the labelling of that product in order to comply with national law must notify some information in the CPNP.

 

For the notification the following information are needed:

  • the name and address of the responsible person where theproduct information file is made readily accessible
  • the category and the name of the cosmetic product, in the Member State of dispatch where the cosmetic product is on the market, making possible the product’s specific identification
  • the name of the Member State where the cosmetic product is on the market
  • the name and address of the distributor

 

In case of change of information, the distributor is obliged to supervise the data reported via CPNP portal immediately.

Our service on CPNP notification

 


Tags:  cosmetical productdistributiondistributorobligation


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