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FPS HEALTH, FOOD CHAIN S AFETY AND ENVIRONMENT

Distributing cosmetics through the internet

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Els Vrindts Inspection Service Consumption Products Federal Public Service for Health, Food Chain Safety and Environment Belgium

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Distributing cosmetics via internet

Main principles for cosmetics on the EU market What rules apply to cosmetics distributed via Internet ? When is a cosmetic placed on the EU market? Market surveillance and internet sales

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Important principles in the cosmetics regulation

High level of health protection S mooth functioning of the market

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Regulation n° (EC) 1223/2009

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Important principles in the cosmetics regulation

Protection of consumer health

• S

afe for human health (article 3)

• Composition (art 14, 15, 16)
• S

afe use, instructions of use

• demonstrated in the PIF

(art 10,11, guides …)

• Responsible person guaranties compliance

(art 4, 5)

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Cosmetics regulation and internet distribution

S mooth functioning of the EU market

Commission notice 2017/ C 250/ 01 (published 1/ 8/ 2017)

• 1 set of rules for cosmetics in EU
• Avoid unfair competition

The cosmetics regulation applies when cosmetics are made available to EU consumers or end users in the course of a commercial activity.

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Cosmetics regulation and internet distribution

S mooth functioning of the EU market

Internet sale to EU consumers = making available on the EU market

• EU based operators/ websites selling to EU consumers

> cosmetics regulation applies

• Third country based operators / websites selling to EU

consumers > cosmetics regulation applies

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Cosmetics regulation and internet distribution

• Making available on the market includes free of

charge products

• When is a website targeting EU consumers/ end users?

Currency (euro), dispatching to member states,

language, domain names, international activity, …

Market authorities can intervene before the product reaches the consumer/ end user.

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Distributing a cosmetic in the EU

When 3rd country based websites sell to EU user/ consumer, they must appoint a responsible person in the EU for the cosmetic products

• A responsible person (RP) in EU (art 4, 5, 10)

RP is accountable for the product (cfr. manufacturer). Address must be in EU (Not : S witzerland, Turkey). Name and address of RP are on the product label. PIF is kept at the address of the RP. The importer is RP, unless there are writt en agreements to transfer the responsibility to another firm/ person.

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Distribution via internet

The laws on commerce and e-commerce apply. Finding the right services to start an economic activity in EU:

http:/ / ec.europa.eu/ internal_market/ eu-go/ index_en.htm

The enterprise must be registered (identification) Commercial activities >> TAV

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

e-commerce & market surveillance

E-commerce is part of the normal surveillance activities, either in routine or targeted campaigns. Internet = source of information on products & firms. Internet search (special software) to find specific products or substances. Mostly websites of (EU) distributors, retail.

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Focal points in market surveillance

For a cosmetic placed on the EU market

 Responsible person in EU holds the PIF  Labelling and language requirements  Composition  Notification in CPNP before the product is made

available on the EU market

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Distribution & market surveillance

For a product already placed on the EU market A distributor must (article 6)

• Check labelling & language before selling the product
• Check expiry dates
• Respect conditions of storage & transport
• Take action when products are known to be non-compliant
• Report health problems after product use to authorities and

RP/ supplier

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Marketing & market surveillance

Regulation n° (EC) 655/ 2013 on claims applies No false claims, no denigration of permitted substances, proof of claims in the PIF Pay attention to claims on cosmetic products

• n the label AND on a web shop or

informative sites (marketing)

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example : “Natural” products

A lot of claims are made on ‘natural’

products, on the label and on websites.

“no parabens” “organic” “ecological” “healthy”

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example : “Natural” products

Inspection of PIF to verify proof of claims. If claim is not proven, product presentation must be adapted, both

• n label and other media.

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example - Internet sale of hair smoothing products

• Economic complaint
• Webshop, facebook, and

advertisements on different internet sites from the same seller

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example - Internet sale of hair smoothing products

• Collaboration with customs

confirmed the identity of the importer/ seller;

• No PIF, forbidden substance

formaldehyde;

• S

ale stopped, products destroyed

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example: nail salon and webshop

Own brand of nail products in a nail salon Labelling issues are often visible on websites

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

Example: nail salon and webshop

On-site inspection of products Inspection of PIF

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FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT

links

http:/ / ec.europa.eu/ consumers/ sectors/ cosmetics/ index_en.htm