What does cosmetics mean? How is the term 'cosmetic products' interpreted by the EU?

When we mention 'cosmetic products', most people tend to think of makeup items such as foundation, eyeshadow, lip gloss, nail polish, and so on. However, the definition of cosmetic products is much broader than that.

In Europe, the term 'cosmetic product' is clearly outlined in Article 2 of Cosmetic Regulation (EC) 1223/2009, encompassing three main points:

• a substance or mixture, and
• purposefully applied to external parts of the human body such as the skin, hair, nails, lips, and external genital organs, or with the teeth and mucous membranes of the oral cavity, and
• exclusively or mainly used for cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition, or correcting body odours.

Therefore, a wide range of products, from eyeshadow to skincare serum and even shampoo, are all classified as cosmetic products in the European Union.

ARE THESE CONSIDERED AS COSMETIC PRODUCTS? 

SUNSCREEN PRODUCT

Sunscreen products are classified as cosmetic products and are governed by Cosmetic Regulation (EC) 1223/2009. Sunscreens should contain functional ingredients that protect our skin from sunlight. These ingredients, known as UV filters, must comply with the stipulations laid out in Annex VI of Cosmetic Regulation (EC) 1223/2009. UV filters not listed in Annex VI are not permitted in cosmetic products. Moreover, the effectiveness of sunscreen, as well as its labelling and claims, must be adequately supported. The European Commission has issued a 'Recommendation on the efficacy of sunscreen products and the claims made relating to them' (2006/647/EC), which specifies the type of claims that should not be made about sunscreens, appropriate caution and labelling, and minimum effectiveness.

MASSAGE PRODUCT

The classification of a massage product as a cosmetic product depends on its intended use. If a massage oil is only used to aid in massaging the skin, it may not be classified as a cosmetic product. However, if a massage oil primarily or solely serves a cosmetic purpose, such as nourishing or moisturising the skin, it is likely to be categorised as a cosmetic product. It's crucial to remember that a cosmetic product must serve a primary or exclusive cosmetic function as defined by the Cosmetic Regulation. Factors such as composition, product claims, and overall presentation should be taken into account.

NASAL SPRAY

Nasal sprays, which are applied inside the nasal cavity, do not fall under the category of cosmetic products according to the definition provided. The application area for a nasal spray, the mucous membranes of the nasal cavity, is not included in the definition of a cosmetic product, which only covers 'external parts of the human body (skin, hair system, nails, lips and external genital organs)' and 'teeth and mucous membranes of the oral cavity'.

Even though the definition of a cosmetic product is explicitly laid out in the Cosmetic Regulation (EC) No. 1223/2009, it is still advisable to seek guidance from the national competent authority for any product that falls on the borderline to determine its qualification and classification.

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