Conducting a product recall—cosmetic products
Produced in partnership with Tom Fox of Arnold & Porter Kaye Scholer
Conducting a product recall—cosmetic products

The following Risk & Compliance practice note produced in partnership with Tom Fox of Arnold & Porter Kaye Scholer provides comprehensive and up to date legal information covering:

  • Conducting a product recall—cosmetic products
  • Applicable legislation and definitions
  • Responsible person
  • Production information file and cosmetic product safety report
  • Distributors
  • Guidance
  • Monitoring products
  • Cosmetovigilance
  • Undesirable Effects and Serious Undesirable Effects
  • Notification
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Risk & Compliance?

Applicable legislation and definitions

The main piece of legislation relevant to the recall of cosmetic products is the EU’s Cosmetic Products Regulation (EC) No 1223/2009. This is directly applicable EU legislation and applies to all cosmetic products.

A ‘cosmetic product’ is defined as:

‘Any substance or mixture intended to be placed in contact with the 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, protecting them, keeping them in good condition or correcting body odours.’

Responsible person

Under the Cosmetic Products Regulation, there must be a ‘responsible person’ for every cosmetic product that is placed on the market in the EU. The responsible person may be the manufacturer or brand owner, the

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