Bringing A Cosmetic To Market: Key Points To Consider

Introducing a new cosmetic product to the market involves more than just checking that it is safe to use. Businesses need to consider how the product is classified, who takes regulatory responsibility for it, what can be said about it, and how claims are substantiated.

Which regulatory regime applies?

The word “cosmetic” covers a wider range of products than might be expected, from creams applied to the skin to products used on the teeth. Classification can be difficult, and increasingly we are finding that there are products that sit on the borderline between cosmetics, medicines and foods. Claims can play an important role here, and any language suggesting that a product treats or prevents a medical condition could push it towards classification as a medicine, even if it was originally developed and marketed as a cosmetic. Equally, promoting a product in a way that suggests ingestion could make it more likely to be classified as a food. From a regulatory perspective a product can