Frequently Asked Questions

Cosmetic Products

What is a cosmetic product?

“Cosmetic product” means any substance or preparation intended to be placed in contact with the various 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, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.

Examples of cosmetic products include: creams, lotions, gels and oils for the skin, face masks, make-up, soaps, bath and shower preparations (salts, foams, oils, gels etc), depilatories, deodorants, antiperspirants, hair care products, shaving products, products for the care of the teeth and mouth, sunbathing products, products for tanning without the sun, skin whitening products and anti-wrinkle products.

What Legislation applies to cosmetic products?

The regulations governing cosmetic products are European Communities (Cosmetic Products) Regulations, 2004 (as amended) S.I. No. 870 of 2004.

In general what do the regulations say?

• A person shall not place on the market any cosmetic product which is likely to cause damage to human health when used under normal conditions or conditions of use which are reasonably foreseeable.
• The regulations list all the potentially harmful ingredients that are not permitted to be used in cosmetic products.
• All cosmetic products must be labelled correctly.
• The function of a cosmetic product must not be misleading to the consumer.

What is the role of the retailer?

A cosmetic product shall not be sold by retail or otherwise supplied to a consumer unless it complies with the regulations.

A person who contravenes any provision of the regulations shall be guilty of an offence. A person guilty of an offence shall be liable on summary conviction to a fine not exceeding €3000 or to imprisonment for a term not exceeding six months or both.

What is the role of the Environmental Health Officer?

The role of the Environmental Health Officer is to ensure that the regulations are complied with. Environmental Health Officers are authorized to carry out inspections, take samples for analysis in the laboratory and if necessary seize and detain any cosmetic product that may not comply with the regulations.

How do I make a complaint regarding cosmetic products?

You can make a complaint regarding any cosmetic product to your local Environmental Health Office. The Environmental Health Officer may wish to submit the product for testing in the laboratory. Therefore you should keep the product and all relevant packaging until you speak to the EHO.

Useful web links for this topic?

www.colipa.com (The European Cosmetic, Toiletry and Perfumery Association)