Article 2 of the UK Cosmetics Regulation (UK CR - Schedule 34 of the Product Safety and Metrology Statutory Instrument) and the EU Cosmetic Products Regulation (Regulation (EC) No. 1223/2009) incorporates the following definition of a cosmetic product:
A "cosmetic product" shall mean any substance or mixture intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.
There are three preliminary questions which should be addressed when deciding whether a product could legally be classified as a cosmetic: what is the product intended to do? Where is it going to be applied? What is it made of?
Purpose
Is the purpose of the product wholly or mainly cosmetic? i.e. is it intended to:
- clean
- perfume
- change appearance
- correct body odour
- protect
- keep in good condition
If the main purpose of the product is not to perform one of these functions it is unlikely to be a cosmetic.
For example,
- a product intended to be applied to a spot in order to treat that spot is not a cosmetic.
- a product intended to be applied to a spot in order to conceal it is a cosmetic.
- a product offered to conceal a spot but having a secondary purpose of preventing the formation of further spots could be a cosmetic.
Site of Application
Cosmetic products are intended to be applied to the:
- epidermis
- hair system
- nails
- lips
- external genital organs
- teeth
- mucous membrane of the oral cavity
If it is not, the product is unlikely to be a cosmetic.
For example,
Eye drops, vaginal douches, nose drops and orally ingested tablets intended to improve appearance, are not cosmetics.
Composition
The composition of the products must conform to the limits and conditions for use for ingredients, including:
- ingredients which are prohibited in cosmetic products
- ingredients which are restricted in cosmetic products
- preservatives, UV filters and colourants which are permitted in cosmetic products (preservatives, UV filters and colourants not listed in the Schedules to the Regulations are not permitted in cosmetic products).
If the composition of the product is not in accord with these Regulations it cannot be marketed as a cosmetic, regardless of claims made or the absence of such claims.
For example, tooth whitening products are cosmetics. However, there is a limit of 0.1% of Hydrogen Peroxide present in the product or released in use. A tooth whitener with hydrogen peroxide in excess of the limit is an illegal cosmetic.
Product classification
If a product is not a cosmetic, it may fall under another regulatory regime such as that for foods, biocides, medicines or general product safety. However, care must be taken to ensure that what is, at first sight, a cosmetic does not become otherwise classified by virtue of its presentation, its claims or its composition.
For more information on product classification, please see the section on cosmetic borderlines.
