Definition of a Cosmetic Product
Article 2 (1) (a) of Regulation (EC) No 1223/2009 defines a cosmetic product as follows:
“Cosmetic product means any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips, and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours.”
Key Elements of the Definition:
Intended Use: A cosmetic product must be intended for application to external parts of the human body or oral cavity.
Purpose: The primary purposes include:
- Cleaning (e.g., soap, toothpaste)
- Perfuming (e.g., perfumes, deodorants)
- Changing appearance (e.g., makeup, hair dye)
- Protecting (e.g., sunscreen)
- Maintaining good condition (e.g., moisturizers)
- Correcting body odours (e.g., antiperspirants)
Products in Scope of the Definition
Here are some examples that fall under the definition of a cosmetic product according to Regulation (EC) No 1223/2009:
- Skincare: Moisturizers, anti-aging creams, and face masks.
- Haircare: Shampoos, conditioners, hair dyes, and styling products.
- Oral Care: Toothpaste and mouthwash.
- Makeup: Lipstick, foundation, mascara, and blush.
- Fragrances: Perfumes, eau de toilette, and cologne.
- Body Care: Soaps, deodorants, and exfoliants.
Not Cosmetic Products
Some products may appear similar to cosmetics but do not qualify under the regulation due to their intended use or claims.
These include:
- Medicinal Products: Acne creams with active pharmaceutical ingredients.
- Medical Devices: Tooth whiteners containing high concentrations of hydrogen peroxide above the allowed threshold for cosmetics.
- Biocidal Products: Antibacterial hand gels or soaps (regulated under the Biocidal Products Regulation).
- Household Products: Detergents, candles of air fresheners (not intended for personal use on the body).
