Cosmetic notification

Cosmetic products placed on the EU market must be safe. The manufacturer is responsible for the safety of their products, and must ensure that they undergo an expert scientific safety assessment before they are sold. Regulation (EC) No 1223/2009 (Article 13) requires that the responsible persons and, under certain circumstances, the distributors of cosmetic products submit some information about the products they place or make available on the European market through the EU Cosmetic Products Notification Portal (CPNP). Only cosmetic products for which a legal or natural person is designated within the EU as a “responsible person” can be placed on the market. Each cosmetic product must have its own Product Information File (PIF) that include description of the cosmetic product, product safety report, description of the method of manufacturing, statement on compliance with good manufacturing practice (GMP), proof of claimed effect, data relating to animal testing.

As from 11 July 2013, a distributor who makes available in a Member State a cosmetic product already placed on the market in another Member State and translates, on his own initiative, any element of the labelling of that product in order to comply with national law, will have to submit into CPNP certain information.

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Cosmetic product notification in Hungary

A 246/2013. (VII. 2.) Gov. decree rendelet a kozmetikai termékekről az Európai Parlament 1223/2009/EK rendeletével együtt ad szabályokat a kozmetikai termékekre Magyarországon. A rendelet külön foglakozik a kozmetikai termékek címkézésével, megerősíti az EK rendeletében előírtakat azzal a kikötéssel, hogy a rendeletben említett tájékoztatón bizonyos információkat magyar nyelven kell feltüntetni.

The label should show in Hungarian:

  • 1. b) the nominal content at the time of packaging, given by weight or by volume, except in the case of packaging containing less than five grams or five millilitres, free samples and single-application packs; for pre-packages normally sold as a number of items, for which details of weight or volume are not significant, the content need not be given provided the number of items appears on the packaging. This information need not be given if the number of items is easy to see from the outside or if the product is normally only sold individually;
  • 1. c) the date until which the cosmetic product, stored under appropriate conditions, will continue to fulfil its initial function and, in particular, will remain in conformity with Article 3 (‘date of minimum durability’). The date itself or details of where it appears on the packaging shall be preceded by the symbol shown in point  3 of Annex VII

    or the words: ‘best used before the end of’. The date of minimum durability shall be clearly expressed and shall consist of either the month and year or the day, month and year, in that order. If necessary, this information shall be supplemented by an indication of the conditions which must be satisfied to guarantee the stated durability. Indication of the date of minimum durability shall not be mandatory for cosmetic products with a minimum durability of more than 30 months. For such products, there shall be an indication of the period of time after opening for which the product is safe and can be used without any harm to the consumer. This information shall be indicated, except where the concept of durability after opening is not relevant, by the symbol shown in point 2 of Annex VII

    followed by the period (in months and/or years);
  • 1. d) particular precautions to be observed in use, and at least those listed in Annexes III to VI and any special precautionary information on cosmetic products for professional use;
  • 1. f) the function of the cosmetic product, unless it is clear from its presentation;

Where it is impossible for practical reasons to label the information mentioned here, the following applies:

  • the information shall be mentioned on an enclosed or attached leaflet, label, tape, tag or card;
  • unless impracticable, this information shall be referred to by abbreviated information or the symbol given in point  1 of Annex VII, which must appear on the container or packaging for the information referred in point (d) of paragraph 1 and on packagging for the information referred in point (g) of paragraph 1 of 1223/2009/EC.

In the case of soap, bath balls and other small products where it is impossible for practical reasons for the information referred to in point (g) of paragraph 1 to appear on a label, tag, tape or card or in an enclosed leaflet, this information shall appear on a notice in immediate proximity to the container in which the cosmetic product is exposed for sale.

For cosmetic products that are not pre-packaged, are packaged at the point of sale at the purchaser’s request, or are prepackaged for immediate sale.

1 million HUF fine for non complete label

The manufacturer or distributor on label is suitable for lawful identification and customer information if it also shows distributor or manufacturer role - says the High Court.