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

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

  • Conducting a product recall—cosmetic products
  • Applicable legislation and definitions
  • Guidance
  • Monitoring products
  • Notification
  • Notification in multiple EU jurisdictions
  • Safety Gate
  • Determination of risk
  • Recalling a product
  • Other considerations
  • more

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 importer, or a designated person authorised to act on behalf of one of these. The name of the responsible person must be labelled on the product.

The responsible person must be located in the EU. The EU Commission published a Notice to Stakeholders on 29 November 2018 concerning the effect of Brexit on cosmetics regulation. Following the UK’s withdrawal, a responsible person will need to be based in an EU-27 country and not the UK. Product labelling and other

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