Legal Provisions

Regulation of the European Parliament and of the Council (EC) No. 1223/2009 of 30 November 2009 on cosmetic products is currently a legal act regulating the placing of cosmetic products on the market and their distribution within the European Union. The provisions of the Regulation have been in force since July 11th, 2013. This is a legal starting point for every person working in the cosmetics industry, and in particular for the cosmetics manufacturer and safety assessor. In the Regulation, we find, among others information on the safety assessment, product documentation, labelling and duties of the responsible person. The Regulation also contains 6 annexes, including: the description of the cosmetic product safety report, the list of prohibited substances in cosmetic products, the list of substances which cosmetic products must not contain except subject to the restrictions laid down, the list of allowed colorants, preservatives and UV filters.

Like most legal acts, the Regulation initially seems to be very extensive and complicated. But after a few reads, it turns out that it is not like that: everything starts to form clear and comprehensible regulations.

With the progress of science, new information is constantly emerging, for example regarding the safety and toxicology of substances used in cosmetics. Therefore, changes are introduced in the Regulation 1223/2009, which should be monitored on a regular basis.

Link to the web page with the Regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1223&from=EN

Link to the web page with amendments to the Regulation: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R1223

Commission Regulation (EU) No 655/2013 of 10 July 2013 sets out common criteria for justifying statements used in connection with cosmetic products. This is a Regulation that provides guidance on proper labeling of cosmetics claims. In other words, we will find here tips on which marketing information can be placed on the labels, and which should not be. Common criteria describing properly conducted cosmetics advertisements include: compliance with legal regulations, truthfulness of information, evidence, compliance with the facts, honesty and conscious decision-making by an ordinary, average-oriented consumer. The main assumption of this Regulation is that the producer should be fair to customers and not bend reality to increase sales. This is a very important tool for people placing cosmetics on the market, and in particular for marketing managers dealing with the preparation of label descriptions of cosmetics.

Link to the Regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0655&from=PL

This is a Polish law act that adapts national laws to the Regulation of the European Parliament and of the Council (EC) No. 1223/2009 of 30 November 2009. The Act has been in force since January 1, 2019 and was established to enforce the provisions of the Regulation 1223/2009 on the Polish market. This legal act describes, among others a system of supervision over cosmetic products, including the competence of the State Sanitary Inspection and the Trade Inspection, a system of information on serious side effects and the amount of administrative penalties for non-compliance with the various aspects of the European Regulation. This is the latest act that raises many concerns among cosmetics producers, primarily due to financial penalties. In practice, however, it turns out that you should not be afraid, it is enough to adapt to the existing rules, which were previously described in the Regulation 1223/2009. The Polish Act should be perceived rather as an auxiliary tool supporting Polish cosmetic companies in complying with European Union regulations.

Link to the Act in English version prepared by Polish Union of Cosmetics Industry: https://owncloud.kosmopedia.pl/index.php/s/W9XjqxvYTGIUzU4