Kosmetische Mittel

COSMETIC PRODUCTS

Material composition – Marketing – Safety assessment
Cosmetic products law regulates the composition, labelling, advertising, marketing and monitoring of cosmetic products. Since 13 July 2013, this is accomplished in every Member State of the European Union by direct application of the European Cosmetics Regulation (EC) 1223/2009. This EU-wide harmonisation of cosmetic products law is supplemented by Regulation (EU) 655/2013 laying down common criteria for the justification of claims used in relation to cosmetic products (the so-called ‘Claims Regulation’).

Our core competencies in this area include:

 
  • Evaluation and review of product status
  • Differentiation from drugs, medicinal products and biocide products
  • Advisory opinions on marketability
  • Advice on use of raw materials
  • Clarification of responsibilities
  • Support in the product development phase
  • Assessment and optimisation of labelling
  • Marketing in compliance with the Claims Regulation
  • Assessment and optimisation of advertising
  • Counsel on the provision of product information
  • Advice on safety assessment
  • Representation before government agencies at the national and EU levels
  • Crisis communication and crisis management

Complex legal questions arise frequently in the development or use of ingredients new to cosmetic products, such as for example when a component substance only has been used in other types of products before, such as pharmaceuticals. Careful legal analysis in advance of marketing can prevent costly complaints. Where novel ingredients are concerned, proper framing and definition of purpose for the substance can set the course of future product advertising.

With the scientific expertise of our cooperative partner meyer.science GmbH and our proficiency in this area of the law, we deliver comprehensive advice early on and work together with clients to find ideal solutions.

Additionally, the sale of cosmetic products is an area traditionally rife with particularities, for example some products are only permitted for sale in pharmacies and in some instances there are restraints on distributor contracts. Similar considerations exist in manufacturing; as a result of the collaboration of labourers and the multitude of ingredients from basic substance producers, there should be clear delineations of responsibility and liability. Mutual obligations to provide information may be necessary in light of product labelling requirements (e.g. as to allergenic substances) and complaints.

We help you form advantageous contractual agreements, handle cooperation disruptions and represent you effectively to oversight agencies. In this context, the quality and content of a due diligence dossier as well as studies justifying statements about the effects of a product become key considerations.

We look forward to your inquiry