18 February 2025
Written by Sruthi Nayudu, Lead cosmetics Regulatory Assessor
The beauty industry thrives on innovation and global reach. Before Brexit, accessing two of the largest cosmetic markets, the EU and UK, was relatively straightforward due to shared regulations. However, Brexit has introduced complexities for cosmetic brands targeting both markets. While both regions remain committed to consumer safety and high product standards, their regulatory processes have diverged, creating a more challenging landscape for manufacturers and importers. This blog explores the key post-Brexit changes to cosmetic regulations and provides a brief overview on maintaining product compliance in both the EU and UK.
From One to Two: The Divergence of Regulatory Frameworks
Before Brexit, the UK and EU operated under the unified EU Cosmetics Regulation (EC) No. 1223/2009. Now, two distinct frameworks govern the industry:
- EU Cosmetics Regulation: The EU continues to adhere to Regulation (EC) No. 1223/2009 and continually strives to enhance product safety through ongoing ingredient research and frequent updates to ingredient restrictions.
- UK Cosmetics Regulation: Since Brexit, the UK has incorporated the EU Cosmetics Regulation into its national law, but with significant changes. Operating under its own UK Cosmetics Regulation (as retained EU law), the UK is actively prioritizing product safety. This focus translates into new restrictions on cosmetic ingredients, labeling adjustments, and frequent regulatory updates to guarantee the highest safety standards.
While all the parts of UK (England, Whales, Scotland and Northern Ireland) has exited from EU as part of Brexit, As per the Windsor Framework, Northern Ireland opted to follow EU Cosmetics Regulation (EC) No. 1223/2009
The Pivotal Role of the Responsible Person (RP):
The Responsible Person (RP) is your key to compliance and a legal requirement both in EU and UK. RP is a designated entity or individual that ensures your cosmetics meet all regulatory requirements, from safety assessments to labelling and PMS. The RP serves as the primary contact for regulatory authorities regarding any product-related inquiries and acts on behalf of the manufacturer for all product-related activities within their assigned territory.
- EU Market: The EU RP can be importer, manufacturer, distributor or any other legal entity designated by Manufacturer as responsible person by valid agreement and is established within the EU. They ensure EU compliance, maintain the PIF, notify products to the CPNP and manage customer, regulatory authority queries.
- UK Market: Crucially, the UK RP must be based in the UK. They handle submissions to the SCPN, maintain a Product Information File (PIF), ensure UK-specific labeling, and are the point of contact for UK authorities regarding any product related queries.
Labeling and Packaging: A Tale of Two Labels
Brexit has impacted labeling, particularly regarding the Responsible Person and country of origin:
- EU Labels: EU cosmetic labels must include the EU Responsible Person’s name and address, the INCI ingredient list, batch number, and required warnings/instructions, all in the local language(s) of the target country. Furthermore, recent legislative changes in some member states, such as France and Italy, now mandate separate waste disposal and recycling instructions on product labels for products sold within their borders.
- UK Labels: UK labels must feature the UK RP’s details and UK address, along with the country of origin. This distinguishes UK packaging from EU packaging. Besides, all the information must be clear, legible and should be in English.
Market Access and Trade: Bridging the Gap
Exporting between the UK and EU requires navigating both regulatory frameworks. This means dual product notifications, separate labeling, and ensuring your RP meets both sets of regulations.
Staying Ahead of the Curve
The post-Brexit cosmetic landscape demands vigilance. Keeping abreast of regulatory updates in both the EU and UK is crucial. Partnering with regulatory experts like EOMI consultancy can streamline the process and ensure your brand remains compliant, allowing you to focus on what matters most: creating exceptional beauty products.
