Are you a distributor of cosmetic products? You also bear specific responsibilities regarding product labeling!
It might seem that the manufacturer is fully responsible for a product’s appearance, its name, and the markings displayed on its packaging. In reality, the matter is much more complex. Of course, the manufacturer determines the product’s aesthetic qualities and properties. However, when it comes to the information included on the label, the distributor must exercise heightened diligence.
EU law imposes specific “due diligence” obligations on distributors when placing cosmetic products on the market, and failure to comply may lead to serious consequences.
Who is a cosmetics distributor under the law?
According to EU Regulation 1223/2009 (Article 2(1)(e)), a distributor is any “natural or legal person in the supply chain, other than the manufacturer or importer, who makes a cosmetic product available on the Community market.” The manufacturer is defined as a person who manufactures a product or has a product designed or manufactured and markets it under their own name or trademark (Article 2(1)(d) of Regulation 1223/2009). An importer, on the other hand, is an entity established within the European Union that places a cosmetic product from a third country on the market (Article 2(1)(i) of Regulation 1223/2009).
Thus, a distributor is an entity that performs a role in the supply chain other than manufacturing the product or introducing it into the market from a non-EU country.
What is a cosmetics distributor responsible for?
The distributor is responsible for verifying the label before placing a cosmetic product on the market. Regulation 1223/2009 imposes a number of obligations on distributors regarding proper labeling. Before making a product available on the market, the distributor must check whether the packaging includes the following elements:
In addition, the distributor must ensure that certain elements of the label are provided in the language required by the country where the cosmetics will be sold. The information that must be translated includes:
The final key requirement imposed on the distributor in relation to label information is verifying that the product’s minimum durability date (i.e., the date until which the product retains its original properties) has not expired.
What penalties may a distributor face for non-compliance?
If a distributor notices inconsistencies in product labeling, they must not make the product available on the market until the label complies with legal requirements. Moreover, if the cosmetic product poses a risk to human health, the distributor is obliged to inform the responsible person and the appropriate authorities.
In Poland, failure to fulfill these obligations when distributing cosmetics may result in a financial penalty of up to PLN 70,000 for each individual violation (Article 36 of the Act of 4 October 2018 on cosmetic products).
When does a distributor become a “responsible person” and what are the consequences?
When analyzing the division of responsibilities within the supply chain, it is important to consider situations in which a distributor may be assigned the role (and obligations) of the so-called “responsible person,” which entails additional legal requirements. A distributor assumes this role when they place a cosmetic product on the market under their own name or trademark.
The primary task of the responsible person is to ensure that the product placed on the market complies with the requirements of Regulation 1223/2009. The entity performing this function must also take necessary actions to withdraw the product from the market if it does not meet legal requirements. Other responsibilities of the responsible person include, among others, submitting notifications to the CPNP system, conducting product safety assessments, and ensuring compliance with good manufacturing practice requirements.
author of the article: Patrycja Kiszka
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