The United Kingdom’s departure from the European Union (Brexit) has led to significant differences in the regulation of cosmetic products. Until 2020, the UK was subject to the Cosmetics Regulation (EC) No 1223/2009, a common framework in the European Union that sets standards for the safety, labeling, and marketing of cosmetic products. After Brexit, however, the UK developed its own regulation known as the UK Cosmetics Regulation (UKCR), with distinctions impacting registration processes, notification, labeling, and the role of the Responsible Person. Here, we explore the main differences between the regulation of cosmetics in these two regions.
1. Regulatory Framework: EU vs. United Kingdom
The European Union continues to apply Regulation (EC) No 1223/2009, which sets safety and quality standards for cosmetic products across member countries. This regulation promotes harmonization to facilitate the free movement of cosmetic products within EU countries and the European Economic Area (EEA).
In the United Kingdom, regulations are now based on the UK Cosmetics Regulation, an adaptation of the European regulation that applies exclusively within British territory. This legislation is divided into two parts: one for Great Britain (England, Wales, and Scotland) and another specifically for Northern Ireland, where the EU Regulation largely remains in effect under the Northern Ireland Protocol. Companies must therefore consider different regulations depending on the UK region in which they plan to operate.
2. The Responsible Person
A key change following Brexit is the role of the Responsible Person for cosmetic products, which in the EU refers to the person or company established within the European territory and responsible for ensuring products comply with current regulations before they are marketed.
In the United Kingdom, all cosmetic products marketed in Great Britain must have a Responsible Person based in the UK. For European companies, this means designating a local representative if they wish to export to the British market. Additionally, the distinct requirements in Northern Ireland mean that products intended for this market must also have a Responsible Person in compliance with European regulations.
3. Product Notification and Registration
Cosmetic Product Notification in the EU is managed through the Cosmetic Products Notification Portal (CPNP), a centralized platform where companies submit product information, including composition, safety, and labeling details, prior to launch.
In the United Kingdom, this role is fulfilled by the Submit Cosmetic Product Notification (SCPN) service, a platform exclusively for Great Britain. Products intended for both markets must meet registration requirements in both systems, increasing the administrative burden on companies. Additionally, the SCPN requires more frequent updates of contact details and information about the Responsible Person than the CPNP, which elevates the information maintenance requirements.
4. Ingredient Safety Assessment
Both the EU and the UK require all cosmetic products to undergo a safety assessment conducted by a qualified assessor. In the EU, assessors must meet the qualification criteria of member states, and the safety report must be detailed and specific according to regulations.
In the United Kingdom, the assessment process remains technically similar, but with some nuances: assessors must meet British qualification standards and be experienced in the UKCR’s specific requirements. Additionally, the UK plans to review certain approved and prohibited ingredients, which may lead to differences in permissible ingredients compared to the European Union.
5. Labeling and Permitted Ingredient Lists
One of the most visible changes for consumers is in product labeling. Although both the EU and UK require clear, specific labels, leaving the EU has allowed the UK to introduce its own requirements:
- Language and Format: Labels on products in the UK must comply with British market-specific formats and indicate a local Responsible Person on the label, while the EU still permits a Responsible Person from any member country.
- Ingredient Lists: Both regions maintain lists of prohibited and restricted substances based on safety studies. However, the UK may develop its own list of permitted and prohibited ingredients in the future, which would increase differences in the products marketed in each region.
6. Certification and Market Access
Market access for cosmetic products in the European Union depends on meeting safety certification requirements, as established in Regulation (EC) No 1223/2009, which includes a comprehensive assessment and detailed safety testing.
In the United Kingdom, certification of cosmetic products follows the UKCR framework, and while it is similar to the European regulation in many respects, future changes and additional specifications are anticipated. These could include specific testing and compliance criteria for ingredients aligned with national health and safety policy.
| KEY ASPECT | EUROPEAN UNION | UNITED KINGDOM |
| Responsible Person | Responsible Person in any EU member state | Responsible Person must be based in the UK |
| Notification | CPNP Portal | SCPN Portal |
| Safety Assessment | Qualified assessor in the EU | Qualified assessor in the UK |
| Labelling | EU Responsible Person on the label | UK Responsible Person on the label (if sold in GB) |
Why Choose SHAPYPRO
SHAPYPRO understands the complexities of regulatory changes in post-Brexit cosmetics and is ready to help your business meet requirements in both the European Union and the United Kingdom. Our team provides consulting and product compliance services, registration in notification platforms, and labeling management to avoid setbacks in your international operations. Trust us to help you navigate both markets successfully! Contact us for more information about our services.