UK extends Brexit-based deadline for labeling cosmetics with Responsible Person

06 Sep 2022 --- This year’s deadline for labeling products with a UK-established Responsible Person (RP) has been extended until 31 December 2025, reports The Cosmetic, Toiletry and Perfumery Association (CTPA). The Office for Product Safety and Standards (OPSS) informs that products placed on the market in Great Britain still need to comply with the rest of the UK Cosmetic Regulations.

“Product labels are an important tool of communication from companies to consumers and even law enforcement authorities,” Nicholas Shaw Núñez, head of international growth and regulatory services at CTPA, tells PersonalCareInsights.

“The UK establishes the legal requirements for the information that has to be presented on a product label, and this has remained the same in the UK as it was in the EU, with the single exception of the transitional provisions for the labeling of RP and country of origin.” 

He continues explaining that the extension targets this provision only, as it is the only one where a deadline has been given. “All other information is what consumers regularly use to enable their choice of products, including the information on ingredients and how to use the product safely.”

A RP is a legal representative based in the UK, that ensures the products placed in the market are safe and adhere to the law. 

Núñez says product labels are an essential tool of communication from companies to consumers and even law enforcement authorities. 

Brexit’s lingering effects
UK’s Cosmetic Regulation came into force following UK’s exit from the EU single market in 2020, with a two-year transitional period for companies to implement changes – the main one being labeling requirements. 

The new legislation amending the UK Cosmetics Regulation is soon to be published and enforced before the end of the year.

“For EU businesses placing products in the UK, they will, like UK businesses, have additional time to implement labeling changes and ensure there are no remaining units on the market that would need to be withdrawn,” adds Núñez.

“Importantly, this extension does not eliminate the need to have a RP in the UK or to comply with any other provisions of the UK legislation, including the legal requirement for products to be safe and the ingredient provisions which have been introduced into law in the UK since the departure from the EU.” 

The OPSS has considered the five-year extension for product RP labels. If cosmetic products had not complied with the UK Cosmetic Regulation by the end of the year, they would have had to be withdrawn from the market. 

Preventing economic and operational hurdles
Núñez explains that the provision allowed companies to make the labeling changes across the supply chain and ensure a smooth transition to a new UK Regulatory framework. This also addresses one of the aspects that could have a great cost to the industry without any significant changes to consumers and no compromises on safety. 

“CTPA has engaged with its members and understood that most companies have made the necessary changes to product labels to enable them to comply by the deadline. However, the remaining issue for many are those products which have already entered into distribution,” he continues.

However, as the legislation is written, companies would have to withdraw any products from the market where the label does not state the UK RP and Country of Origin while still having the EU RP information declared, flags Núñez. The extension to the deadline allows companies to sell through the existing stock and provides additional time to finalize the arrangements to achieve compliance. 

“This could pose a big challenge to businesses from a logistics, economic and operational perspective. The extension to the deadline allows companies to sell through the existing stock and provides additional time to finalize the arrangements to achieve compliance.”

Clear labeling requirements
Until 31 December 2025, the name and address of the RP and country of origin requirements need to comply with the EU Cosmetic Products Regulation (EU CPR). The key Article states that cosmetic products will be allowed into the market only when the container and packaging of cosmetic products bear information in indelible, easily legible and visible lettering. 

It specifies “the name or registered name and the address of the responsible person. Such information may be abbreviated insofar as the abbreviation makes it possible to identify that person and [their] address.”  

“If several addresses are indicated, the one where the responsible person makes readily available the product information file shall be highlighted. The country of origin shall be specified for imported cosmetic products.” 

The CTPA encourages companies to use the additional time to make the remaining changes to product labels.

By Venya Patel