Cosmetic products sold in the United Kingdom must comply with various substance restrictions, labelling, documentation, and testing requirements. In this guide, we take a closer look at Cosmetic Products Regulation (EC) 1223/2009, UK REACH, and other compliance requirements relevant to skincare, haircare, makeup and other cosmetic products.
Additionally, we explain the differences between the UK and EU versions of the regulations affecting cosmetic products.
Note that even if some requirements may still be the same in the EU and UK, this may change as regulations continue to be amended and the two diverge further. However, note that the article excludes requirements for cosmetic products sold in Northern Ireland, which remains aligned with EU requirements.
Content Overview
FREE CONSULTATION CALL (US, EU & UK)
- Request a free 30-minute call with Ivan Malloci to learn how we can help you with:
- Find product requirements
- Certification and labeling
- Lab testing
What are the differences between the EU and the UK regulations affecting cosmetic products?
Although UK product safety regulations affecting cosmetic products are based on EU regulations, and in some cases even have the same name as the EU regulations, there are differences between the two sets of rules. Additionally, both the EU and the UK update their regulations from time to time. Thus,
the two sets of regulations are likely to diverge more and more.
Below we provide a table containing the UK regulations featured in this guide and their respective corresponding EU regulations. We also provide the latest date on which the two regulations were updated
| UK regulations | EU regulations and directives | |
| Cosmetic Products Regulation (EC) 1223/2009
Latest version: 06/07/2024 |
Cosmetic Products Regulation (EC) 1223/2009
Latest version: 24/04/2024 |
|
| The Aerosol Dispensers Regulations 2009
Latest version: 01/10/2024 |
Aerosol Dispensers Directive 75/324/EEC
Latest version: 12/02/2018 |
|
| REACH Regulation (EC) 1907/2006
Latest version: 19/07/2023 |
REACH Regulation (EC) 1907/2006
Latest version: 10/10/2024 |
|
| The General Product Safety Regulations 2005
Latest version: 31/12/2020 |
General Product Safety Directive 2001/95/EC
Latest version: 01/01/2010 |
|
| No equivalent in the UK | General Product Safety Regulation (EU) 2023/988
Latest version: 23/05/2023 |
|
Are EU-compliant cosmetic products accepted in the UK?
We could not find any official sources that explicitly state that EU-compliant cosmetic products are accepted in the UK. However, we found that the UK government had published a statutory guidance document entitled “Regulation 2009/1223 and the Cosmetic Products Enforcement Regulations 2013: Great Britain” stating that cosmetic products qualifying for Northern Ireland can be sold in the rest of the UK with no additional approvals.
Note, however, that for purposes of complying with UK laws, the responsible person must be located in the UK. Furthermore, the UK responsible person must:
a. Notify the Office for Product Safety and Standards (OPSS) via the UK Submit Cosmetic Product Notification (SCPN) service with the cosmetics’ ingredients
b. Alert the OPSS if their product is found to be unsafe
Cosmetic Products Regulation (EC) 1223/2009
This regulation is based on an EU regulation on cosmetic products that has been assimilated into the UK (which means that it became UK law).
This would mean that the rules are similar between the EU and the UK when it comes to selling cosmetic products.
However, parts of the assimilated regulation have been amended to be relevant to the UK context. Thus, although it is based on an EU regulation, there are some differences in the requirements. At the same time, the EU regulation is also amended from time to time. This means that the UK and EU versions of the regulation are likely to diverge more and more, as both regulations keep getting amended.
Below we cover the key requirements in the regulation and highlight some key differences between the UK and EU versions.
Responsible person
For cosmetic products sold in the UK, there must be a responsible person based in the UK that is assigned to the cosmetic products sold. The individual is responsible for ensuring that the product meets the requirements of the regulation and is ultimately safe for use.
Concerning the cosmetic product, the responsible person must:
- Know what ingredients are used in the cosmetic product
- Be aware of the substance restrictions
- Keep the latest Product Information File on the product
- Make sure that labelling information and instructions are present
- Fulfil notification requirements
- Inform OPSS of any serious harmful effects reported
- Be able to qualify marketing claims about the product
Substance restrictions
Substance restrictions are contained in Annex II and Annex III of the regulation, and substances allowed for colourants, preservatives and UV filters are contained in Annex IV to Annex VI. As this is an assimilated regulation, the substance restriction requirements are similar to the ones in the EU.
However, as both the EU and the UK regulations have gone through updates, there can be differences. Here are some examples of prohibited substances from the EU Cosmetic Product Regulation that are not listed in the UK version:
- Ammonium bromide
- Tellurium dioxide
- Barium diboron tetraoxide
- Benzophenone
Documentation
Under the regulation, there are a number of required documents. We feature below the key documents that are mentioned in the regulation.
| Title | Description |
| Cosmetic product safety report | The responsible person must ensure that a cosmetic product safety report is assembled. The content requirements for the report are found in Annex I of the regulation.
Here are some examples of content that needs to be featured in the report:
Note that parts of the report must be assessed and completed by a qualified safety assessor. We could not find any evidence that the safety assessor must be based in the UK. However, the safety assessor must have UK-recognised qualifications. |
| Product information file | The responsible person needs to compile and keep the Product Information File. It should contain the following information:
It must be in English. |
| Test reports | To compile the cosmetic product safety report, the cosmetic product would need to be tested. For example, the Cosmetic Product Safety Report must contain the results of the preservation challenge test.
Test reports retrieved from lab testing companies serve as evidence that the product has been tested. |
Labelling requirements
The regulation contains labelling information requirements similar to those found in the EU version. The labelling information should be placed on the container and the packaging of the cosmetic product.
The table below features some key labelling information requirements along with their respective descriptions.
| Title | Description |
| Responsible person’s contact information | The following information regarding the responsible person based in the UK should be provided:
|
| Country of origin | For imported cosmetic products, the country of origin must be disclosed. |
| Nominal content | The nominal content of the product (by weight or volume). More details about this labelling requirement are found in Article 19(b) of the regulation |
| Date of minimum durability | This is the date on which, assuming the product is stored in suitable conditions, the product remains to be safe for human health.
The symbol shown in point 3 of Annex VII or the words: ‘best used before the end of’ must be provided. |
| Precautionary information | This labelling information refers to the precautions found in Annexes III to VI of the regulation and any special precautionary information on cosmetic products for professional use |
| Traceable information | This labelling information refers to the batch number of the manufacturer or the reference for identifying the cosmetic product.
If the cosmetic product is too small, the information can be contained in the packaging alone |
| Function of the cosmetic product | This is information that explains what the cosmetic product does.
This information does not need to be provided if the function of the product is clear from its presentation. |
| A list of ingredients | A list of substances or mixtures used in the cosmetic product during the manufacturing process must be provided. It may be indicated only on the packaging alone. Further details are contained in Article 19(1)(g) of the regulation.
Here are some examples of different types of ingredients that would be listed:
|
Good Manufacturing Practice
Cosmetic products must be manufactured according to good manufacturing practice requirements. A cosmetic product is presumed to be compliant with the good manufacturing practice requirements if it complies with the following standard: EN ISO 22716 – Cosmetics – Good Manufacturing Practices (GMP) – Guidelines on Good Manufacturing Practices.
The Aerosol Dispensers Regulations 2009
The Aerosol Dispensers Regulations 2009 contains requirements for aerosol dispensers. Thus, the regulation affects cosmetic products sold in aerosol dispensers, such as sprays.
Although the regulations are based on the EU Aerosol Dispenser Directive, there are differences between the requirements. For instance, in the EU you must affix the the symbol ‘3’ (inverted epsilon). However, in the UK you must affix either the UKCA marking or the symbol ‘3’, which is now accepted indefinitely. Additionally, with time, both the EU directive and the UK regulations are likely to be updated. Thus, the requirements may diverge further.
Here are some of the key requirements that are found in the regulation:
- Compliance marking
- Other labelling requirements
- Construction requirements
- Testing requirements
Further details concerning the requirements in the regulation are provided below.
Standards
The aerosol dispenser must meet the testing requirements contained in Schedule 1A of the regulation. The section of the regulation mentions certain standards that must be applied.
Here are some examples of standards mentioned in the regulation:
a. ASTM D240 – Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter
b. ISO 13943 – Fire safety – Vocabulary
c. NFPA 30B – Code for the Manufacture and Storage of Aerosol Products
d. ISO/IEC 17025 – General requirements for the competence of testing and calibration laboratories – used to follow good laboratory practice
Documentation
The regulation contains recordkeeping requirements related to the tests on the aerosol dispenser. Here are some examples of tests that require their results to be recorded:
- Ignition distance test for spray aerosols
- Enclosed space ignition test
- Aerosol foam flammability test
Additionally, if instructions for use are provided, it should contain information on operating precautions. The precautions should alert consumers to the specific dangers associated with the use of the product.
Labelling requirements
The regulation contains several labelling requirements. The table below provides some of the key labelling requirements along with their respective descriptions.
| Title | Description |
| UKCA Marking | The UKCA marking is a compliance mark that must be affixed to the aerosol dispenser, its label or an accompanying document.
After the 31st of December 2027, the UKCA marking must only be affixed to the aerosol dispenser. Note that products marked with the symbol “3” (inverted epsilon) are accepted indefinitely in the UK due to The Product Safety and Metrology etc. (Amendment) Regulations 2024. These are products that meet the requirements of the corresponding EU regulation. |
| Traceability information | The following information for traceability purposes is required to be marked on the aerosol dispenser:
a. The name and address or trade mark of the person responsible for marketing the aerosol dispenser b. Code markings enabling the filling batch to be identified |
| Precautionary information | The regulation refers to Regulation (EC) 1272/2008 (CLP regulation). Depending on how the aerosol is classified under the CLP regulation the following information should be provided on the aerosol dispenser:
a. A signal word like “Danger” or “Warning” b. Other label elements c. Precautionary statement d. Operating precautions Details are provided in section 2.2. of Schedule 1A of the regulation. |
| Quantity of flammable material | Where the aerosol dispenser contains flammable components), its label must contain the following information:
“X% by mass of the contents are flammable” |
| Net contents by volume expressed in metric units | The aerosol dispenser must be marked to indicate this information. |
| Net contents by weight expressed in metric units | Providing this information is optional. The person responsible for marketing the dispenser may provide this information on the aerosol dispenser. |
REACH Regulation (EC) 1907/2006
The UK REACH Regulation affects articles, substances, and mixtures, including cosmetic products.
It contains substance restriction requirements and contains documentation requirements for substances, mixtures, and articles containing them (like perfumes).
Although UK REACH is based on its EU version, the two regulations operate independently from each other. For instance, the UK has its own IT system – called “Comply with UK REACH” – that needs to be used for substance registration and notification purposes. While in the EU, a different IT system is used: REACH-IT.
Additionally, there may be more differences between the requirements of both regulations over time (e.g. different substance restrictions).
Restricted substances
Annex XVII of the regulation contains a list of substances that are prohibited or that contain restrictions for use. Here are some examples of restricted substances that can be found in cosmetic products:
- Nonylphenol ethoxylates (< 0.1 % by weight)
- Octamethylcyclotetrasiloxane (< 0.1 % by weight)
- Decamethylcyclopentasiloxane (< 0.1 % by weight)
Substances of very high concern (SHVCs)
SVHCs are substances that have hazards with serious consequences. These are substances that can be carcinogenic, harming fertility, or having other hazardous properties).
If the substance identified is included in the UK REACH Candidate List and is present in articles above concentration levels of 0.1 % w/w, the two obligations may occur:
a. Notification to HSE of substances in supplied articles
b. Communication of information relating to identified substances down the supply chain
Documentation
The Regulation requires that a Safety Data Sheet be provided to recipients where the substances and mixtures (even those contained in articles) are hazardous or contain a certain amount of hazardous substances.
Further details are provided in Article 31 of the Regulation.
Persistent Organic Pollutant Regulation (EU) 2019/1021
This regulation contains restrictions and prohibitions for substances referred to as persistent organic pollutants that may be present in products like cosmetic products. Although similar to the EU version, the two regulations operate independently from each other and more differences between the two may occur over time.
For example, “Methoxychlor” is listed as a prohibited substance in Annex I of the EU version, but is not listed in the UK version.
Here are some examples of substances that are persistent organic pollutants that may be found in cosmetic products:
- Perfluorooctane sulfonic acid and its derivatives (PFOS)
- Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
The General Product Safety Regulations 2005
This regulation applies to the safety aspects of products that are not covered by other regulations, including cosmetic products. It requires that only safe products are sold in the market and contain labelling requirements.
It requires that products come with the following traceability information:
- Producer’s name
- Producer’s address
- Product reference or batch of products
The regulation also requires producers to consider keeping a register of complaints.
Instructions
In considering the safety of a product, the regulation requires producers to consider the provision of the following documentation:
- Instructions for assembly
- Instructions for installation and maintenance (where applicable)
Labelling
In considering the safety of the product, the regulation also requires producers to consider the presentation of:
- Labelling information
- Any warnings
- Instructions for its use and disposal
- Any other indication or information regarding the product
Lab testing
Approaching lab testing companies is necessary to comply with the regulations (e.g. to satisfy substance restriction requirements) and out of practical necessity as all products sold must be safe.
After sending your cosmetic product to a lab testing company, you can expect to receive test reports. As long as your product passes the test, test reports can be used as evidence that you are following the relevant e regulations and to support other required documents like the cosmetic product safety report.
The table below features the typical kind of testing needed for cosmetic products and the relevant regulations.
| Regulation | Lab testing |
| Cosmetic Products Regulation (EC) 1223/2009 | Under this regulation, cosmetic products should be tested for restricted and prohibited substances so that the cosmetic product safety report can be completed. |
| The Aerosol Dispensers Regulations 2009 | Cosmetic products may be sold in aerosol dispensers. The dispenser would need to meet testing requirements in schedule 1A of the regulation.
Here are some examples of the testing requirements:
|
| REACH Regulation (EC) 1907/2006 | Under this regulation, the product should be tested for restricted substances and SVHCs. |
| Persistent Organic Pollutant Regulation (EU) 2019/1021 | Under this regulation, the cosmetic product should be tested for persistent organic pollutants. |
| The General Product Safety Regulations 2005 | This regulation covers safety aspects of the product not covered by other regulations. Referenced standards under the regulation do contain We could not find a referenced standard under the regulation specific to cosmetic products. |
Cosmetic product testing companies
Here are some lab testing companies that claim to provide testing services for cosmetic products sold in the UK:
- Eurofins
- Intertek
- adsl
- Melbec Microbiology
