The Labelling Legislation
Product labelling in the EU is regulated by law under the EU Cosmetics Regulations (1223/2009). The regulations main purpose is human safety.
Cosmetic laws apply to both products that are intended for sale and those that are given away for free. Ultimately, the making and selling of cosmetics is considered to be a commercial enterprise. The penalties for non-compliance can be severe, and ignorance of the law is not a defence.
Labelling Requirements
All cosmetic and personal care products must have a label. This could be on the primary container (as in, the bottle or jar the cosmetic is contained in) or on the secondary container (the box or outer packaging the product is sold in).
It must be indelible, easy to read, and include the following information:
- Name and address of manufacturer or supplier
- List of ingredients
- The amount of contents (weight or volume)
- Date of minimum durability (“best before date”) or a “Period After Opening” (PAO)
- Warning statements and precautionary advice
- Batch number or lot code
- Product function (when appropriate and if use is not obvious)
Name & Address of Manufacturer
- The name and address of the manufacturer (or supplier) is required on both the primary container and any secondary outer packaging.
- If the product is made outside of the European Economic Area (EEA), the country of origin must also be shown on the label.
Ingredients
- Ingredients have to be listed on any outer packaging. If there is no outer packaging, it must be on the main container.
- The label must have the title INGREDIENTS followed by all the ingredients contained in the product. The ingredients are listed in descending order of weight. However, for ingredients that are in concentrations of less than 1%, they can be listed in any order after all other ingredients.
- The ingredients have to follow a standard with regard to terminology so there is consistency between different brands. Importantly, it also makes it easier for the consumer to identify if there are any ingredients in a product that causes them issues, like an allergic reaction. Naming of ingredients is set in the International Nomenclature for Cosmetics (INCI). It means that wherever you buy the product, the ingredients are always named the same.
- The term “parfum” means perfume, which can consist of many ingredients. These do not have to be listed individually, with the exception of certain ingredients which must be shown on the label.
- The term “aroma” means flavour (for things like toothpaste) and the raw materials in the aroma do not need to be listed, with a few exceptions.
- Colouring agents are shown by “Cl” followed by its number and can be listed in any order after all other ingredients.
- For coloured products that come in various different shades (for example, lipstick), the symbol “+/-” or words “may contain” can be seen before the list of colours. This means that not all the colours listed are necessarily used in every shade.
- Nano ingredients must have “(nano)” after it. For example, “titanium dioxide (nano)”.
The Amount of Contents
- The amount of product at the time of packaging must be given on the label. It can be shown as either a weight or volume.
- For the EU, the net contents must be given in metric. However, you may also see ounces (“oz”) listed. Some products may also list the weight for other markets, like the USA (so the weight will also be listed in “US OZ”).
- The “e” symbol (which means estimated) is a guarantee that the product has been filled in accordance with the average system of measures used in the EU.
- The term “Net Wt.” may also be seen by the weight/volume.
- Some products are exempt from this requirement, including free items, sachets for single application and anything less than 5g or 5ml.
Durability of Product
Cosmetic products must indicate how long they are good for using. Products with a lifespan of less than 30 months must have a “Best Before Date”. For products with a lifespan of over 30 months, this is shown by the “Period After Opening” (PAO) symbol.
There are some exceptions to this requirement, including aerosol products (as they are effectively sealed), perfumes which have a high alcohol content and single-use packs.
Best Before Date – Lifespan of less than 30 months
- Any cosmetic product that has a lifespan of less than 30 months from the date of manufacture must have a “best before the end of” date on the packaging.
- This is shown by the words “best before” followed by the date (month/year). This indictes when the product either ceases to fulf