This article provides a clear, practical overview of the key obligations under EU law, particularly Regulation (EC) No 1223/2009, which governs cosmetic products across all Member States.
Before addressing legal responsibilities, it is important to clarify what qualifies as a cosmetic product. This definition matters because products that make medicinal claims or affect bodily functions may instead fall under pharmaceutical regulations, which are far more stringent.
Who Is Responsible in a Dropshipping Model?
One of the most misunderstood aspects of dropshipping cosmetics is legal responsibility. Many assume that the manufacturer or supplier bears all obligations. This is not always true.
Under EU law, the Responsible Person (RP) is the entity accountable for compliance. This role can be:
- The manufacturer (if based in the EU)
- The importer (if products come from outside the EU)
- A designated third party established in the EU
If you are dropshipping products from outside the EU directly to EU consumers, you are typically considered the importer. This means you may also become the Responsible Person unless another entity has been formally appointed.
This carries significant obligations regarding regulatory compliance. Even if you never physically handle the product—as is often the case in dropshipping—you are still legally involved in placing it on the market.
In the European Union, every cosmetic product must have a Product Information File (PIF) available, containing essential data such as the safety report, product description, manufacturing practices (GMP), evidence supporting claims, and animal testing information.
While dropshippers are not required to create the PIF, they must ensure that it exists, is compliant, and is held by the Responsible Person.
Additionally, products must be notified through the Cosmetic Products Notification Portal (CPNP) before being placed on the market, providing key details like product identity, origin, and responsible entity.
Finally, strict labeling requirements apply, including information such as the Responsible Person’s details, product content, durability, precautions, batch number, function, and ingredient list; failure to comply can result in serious consequences such as recalls or sales bans.
Marketing claims—such as “anti-aging,” “hypoallergenic,” or “natural”—must be truthful, supported by evidence, and not misleading.
The EU has established criteria for cosmetic claims to ensure fairness and transparency. As a dropshipper, you are responsible for how products are presented on your website, even if the claims originate from the manufacturer.
Restricted and Prohibited Substances
The EU maintains detailed annexes listing substances that are banned or restricted in cosmetics. These lists are frequently updated based on scientific assessments.
As a seller, you must ensure that:
- The product formulation complies with EU restrictions
- Ingredients are used within permitted concentrations
- No banned substances are present
This is especially important when sourcing from non-EU suppliers, where formulations may follow different regulatory standards.
Good Manufacturing Practices (GMP)
Cosmetics must be manufactured according to Good Manufacturing Practices (GMP), as outlined in ISO 22716.
While dropshippers are not manufacturers, they must ensure that their suppliers comply with these standards. This is typically verified through documentation or certification.
Traceability and Market Surveillance
You must be able to identify:
- Your supplier
- The distribution chain of your products
Authorities may request this information at any time. In case of safety concerns, products must be traceable and, if necessary, withdrawn from the market.
Dropshipping Responsibilities in the Cosmetics Industry
Although regulatory requirements may appear complex, they are essential safeguards designed to protect consumers and ensure fair competition within the market. In a dropshipping model, the fact that you are not the manufacturer does not exempt you from responsibility.
Dropshippers must actively supervise, verify, and stay informed about the compliance of the products they sell. This includes ensuring that all legal obligations—such as safety documentation, notification, labeling, and ingredient restrictions—are properly fulfilled by the relevant parties.
Rather than a passive role, operating a compliant dropshipping business in cosmetics requires ongoing control and due diligence. Understanding and applying Regulation 1223/2009 is therefore not optional—it is the basis for placing products legally on the European market and for building a reliable, sustainable business.
