Latest deadline for BREXIT and a draft of the UK cosmetic legislation

The UK was scheduled to leave on March 29, 2019 but that has now been postponed to later this year.  The latest deadline for Brexit is now October 31, 2019. However, if the withdrawal agreement gets accepted before then, the UK will leave the EU on the first day of the following month. There is also a possibility of Brexit being cancelled, if the UK decides to revoke Article 50.

The UK Parliament has already received the proposal of the drafted UK Cosmetics Products Statutory Instrument, which implements the UK cosmetic legislation. The Cosmetic, Toiletry and Perfumery Association (CTPA) has assured that only safe and effective cosmetics will be allowed on the UK market. The UK legislation will be very similar to the EU cosmetic regulation No 1223/2009 and will also include the EU’s lists of banned and restricted ingredients.

Requirements for selling cosmetic products in UK post-BREXIT

The drafted UK’s legislation mentions the requirement to designate a UK based responsible person (RP). Similarly, to the EU, the UK based RP will have to notify the cosmetic product through UK’s notification portal (under development), before placing them on the UK market.

Labels of cosmetic products placed on the UK market, will have to include the UK RP’s name and address.

Transition period

Cosmetic products, which are already notified to the EU’s Cosmetic Products Notification Portal (CPNP) prior to Brexit, will also have to be notified to the UK’s notification portal within 90 days from the day when the UK will leave the EU.

The UK’s notification portal will require the following information:

• The product’s name and category
• The RP’s name and address (where product information file is made available) and contact details of a natural person
• The product’s frame formulation

Cosmetic products, which are compliant with the EU cosmetic labelling requirements and include an EU-27 address on their label, will be considered compliant also in the UK for a period of 2 years after Brexit. Therefore, it won’t be necessary to add the name and address of the UK RP on the labels immediately after the UK leaves the EU. During the 2-year period, it will be possible to sell off the old stock and to become compliant with the UK cosmetic labelling requirements, which includes adding the UK RP details on the labels of the products.

Requirements for selling cosmetic products in the EU post-BREXIT

The UK will become a third country after Brexit. This means that the RP based in the UK will not be able to act as the RP for cosmetics sold in the EU. After Brexit, the manufacturer or the importer will have to ensure that the RP is established in one of the 27 EU Member States in order to continue to sell cosmetics in the EU.