Cosmetics regulation post-Brexit

BREXIT UPDATE – a new deadline and UK cosmetic legislation draft

Brexit was scheduled to take place on March 29, 2019, but has now been postponed to later this year, with the new deadline being October 31. However, the UK can leave the EU before then if the Prime Minister’s withdrawal agreement gets accepted. And there is also a possibility of Brexit being cancelled, if the UK decides to revoke Article 50.

The UK Cosmetics Products Statutory Instrument, which implements the UK cosmetic legislation, has already been drafted and proposed to the UK Parliament. The Cosmetic, Toiletry and Perfumery Association (CTPA) has reassured that the new UK’s legislation will mirror the EU’s by allowing the placement of only safe and effective cosmetics on the market. The legislation will also include EU’s lists of banned and restricted ingredients.

Selling cosmetics in the UK post-BREXIT

The drafted UK’s legislation lays down the requirement to designate a UK based responsible person (RP). Before placing the cosmetic product on the UK market, the RP will have to notify the product via UK’s electronic notification portal (similar to CPNP), which is currently being developed.

Cosmetic products, which will be placed on the UK market, will have to have the name and address of the UK RP written on their label.

Transitory period

Cosmetic products, which are (prior to Brexit) already notified to the CPNP and are compliant with the EU cosmetics regulation, will have to be notified to the UK notification portal in up to 90 days from the day when Brexit will happen. The following details will have to be provided to the UK’s notification portal:

  • The name and category of the product
  • The name and address of the RP (the place where product information file is made available) and contact details of a natural person
  • The frame formulation of the product

Cosmetic products labelled with a EU-27 address and otherwise complying with the EU cosmetics labelling laws, will be considered compliant also in the UK for a period of 2 years post-exit day. Meaning, that it won’t be necessary to add the UK RP name and address on the labels immediately after Brexit, but there will be a period of 2 years to sell off the old stock and to add the UK RP details on the product labels.

Selling cosmetics in the EU-27 post-BREXIT

When the UK leaves the EU, it will become a third country. Which means that the UK based RPs will no longer be able to act as the RPs for cosmetic products sold in the EU. The manufacturer/importer has to ensure that after Brexit, the RP is established in one of the 27 EU Member States.