Importing Cosmetics into the UK or EU What You Need to Know

Spectra Cosmetic Compliance

Importing is closely tied to the Responsible Person role and the full compliance requirements. Here we focus on the importer's position.

The importer's central responsibility

The key principle is that when you import a cosmetic and place it on the market you generally take on responsibility for its compliance in your market. In many cases the importer becomes or must arrange the Responsible Person the accountable party established in the market of sale. The overseas manufacturer's compliance in their own country does not transfer to your market. Anyone importing cosmetics into the UK or EU should treat this as the starting point for their compliance planning.

This surprises many importers, who assume that buying a finished apparently compliant product means the compliance is taken care of. It is not: bringing the product into the UK or EU and selling it there makes you responsible for ensuring it meets UK or EU requirements which may differ from those where it was made.

A market Established Responsible Person

Because a Responsible Person must be Established in the market of sale an importer selling into Great Britain needs a UK Established Responsible Person and one selling into the EU needs an EU Established one. Often the importer itself fills this role or appoints a third party to do so. Without an Established Responsible Person the product cannot be lawfully placed on the market.

This is a fundamental requirement for imported products there must be an accountable party within the market. An overseas manufacturer or an RP established only in the product's country of origin does not satisfy this. Our Responsible Person guide explains who can hold the role, including what it means in practice to act as the Responsible Person (RP) for an imported line.

Ensuring a valid CPSR

As the party responsible in your market you must ensure the product has a valid CPSR meeting UK or EU requirements. A safety assessment done for another market may not satisfy your market's rules particularly where ingredient rules differ. You need to be confident the assessment is valid for the product as sold in the UK or EU and hold it in the Product Information File.

This can be a practical challenge with imported products obtaining a proper CPSR and the underlying data from an overseas manufacturer or commissioning a fresh assessment. It is essential though an imported product without a valid CPSR for your market is non compliant however well regarded it is elsewhere. The safety assessment and its supporting data are what ultimately demonstrate product safety to a regulator.

Checking ingredients against your market's rules

A particular risk with imported products is that they may contain ingredients that are permitted where they were made but restricted or banned in the UK or EU. Ingredient rules differ between markets and since Brexit between the UK and EU themselves so a product compliant in its country of origin is not automatically compliant here.

Importers therefore need to check imported products' ingredients against the UK or EU annexes. A product containing an ingredient that is prohibited or used above its permitted limit in your market cannot be sold there without reformulation. This is one of the most common compliance problems with imported cosmetics.

Notification and labelling

Imported products must be notified in your market SCPN for Great Britain CPNP for the EU before being placed on the market and must carry compliant labelling meeting your market's requirements. This includes the mandatory information warnings an ingredient list in the right form the Responsible Person's details and importantly for imports the country of origin. Meeting the notification requirement in the correct market is a step that's easy to overlook when a product has already been notified elsewhere.

Labelling is a frequent issue with imports: a product labelled for its country of origin may not meet UK or EU labelling requirements or may not be in the right language. Re labelling imported products to meet local requirements is often necessary.

Doing due diligence on suppliers

Given all this due diligence on overseas suppliers is essential. Before importing, confirm what compliance documentation the supplier can provide the formula ingredient data any existing safety assessment testing data and whether the product's ingredients are permitted in your market. A supplier who cannot provide proper documentation makes your compliance obligations much harder to meet.

This due diligence protects you as the importer. It is far better to establish before committing that a product can be made compliant for your market than to discover after importing a shipment that it contains a banned ingredient or lacks the necessary documentation. Choosing suppliers who understand UK and EU requirements smooths the whole process.

Importing compliantly

To import cosmetics compliantly ensure each product has a market Established Responsible Person, a valid CPSR for your market, ingredients checked against your market's rules, proper notification, and compliant, correctly labelled packaging including country of origin all supported by documentation from a reliable supplier. Getting this right before the product reaches consumers is essential.

Approached properly importing is a well trodden route to market. The key is recognising that the compliance responsibility is yours as the importer and meeting it fully for your market rather than assuming the overseas manufacturer has taken care of it. That recognition is what separates compliant importers from those who run into trouble.

The Brexit dimension for importers

Brexit added an important wrinkle for importers. Because Great Britain and the EU are now separate markets moving cosmetics between the UK and EU is itself an import into the receiving market with the compliance obligations that entails. A product moving from the EU into Great Britain or vice versa is being placed on a new market and must meet that market's requirements including a market Established Responsible Person.

This caught out many businesses that had previously moved products freely across what was a single market. What was once seamless intra EU movement is now for the GB–EU boundary an import in each direction requiring the receiving market's Responsible Person notification and compliance. Businesses trading across the Channel need to treat each direction as an import into a distinct market.

It also means a brand importing into both the UK and EU faces the obligations twice once for each market with the added complication that the two markets ingredient rules can now diverge. Recognising the GB–EU boundary as a genuine import boundary not a formality is essential for businesses operating on both sides of it.

References: Regulation (EC) No 1223/2009. Articles 4,6,10,13,19 (EUR-Lex) UK Cosmetics Regulation as retained OPSS guidance. General information only not legal advice.