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Cosmetic Product Definition
By "cosmetic product" is meant any substance or
mixture intended for contact with various external parts of the human body
(epidermis, capillary system, nails, lips and external genital organs) or with
the teeth and mucous membranes of the human body. the oral cavity solely or
primarily for the purpose of cleaning, flavoring, altering their appearance and
/ or correcting body odors and/or protecting or maintaining them in good
condition.
There are three preliminary questions that need to be
addressed when deciding whether a product can be legally classified as
cosmetic.
Purpose
Is the product entirely or predominantly cosmetic, that is,
is it intended for:
purified
scent
Change appearance
correct body odor
protect
keep up
If the main purpose of the product is not to perform one of
these functions, it is unlikely that it is a cosmetic product.
Example
a product intended to be applied to a stain to treat that
stain is not a cosmetic product.
a product intended to be applied to a stain to hide it is a
cosmetic product.
A cosmetic product that is suggested to hide the stain but
has a secondary purpose of preventing further staining.
Example
Teeth whitening products are cosmetic. However, there is a
limit to 0.1% hydrogen peroxide present in the product or released during use.
Teeth whitener with hydrogen peroxide in excess of the established limit is an
illegal cosmetic.
If the product is not cosmetic, it may be subject to a
different regulatory regime, for example with regard to food, biocides or
general product safety. However, care should be taken to ensure that what
appears to be a cosmetic product that does not turn into medicine by virtue of its
appearance, claims, or composition.
The CTPA advises its members on how to classify a product.
It should be noted that EU litigation and EU treaties may
change the legal status of products, especially those for which the legal
classification is not agreed in the community. The legal status of these
products should be reviewed periodically.
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