Today’s Topic: Cosmetic Borderlines?

This week we will go over 4 different Cosmetic Borderline claims:?

• General?
• Medicinal?
• Biocides?

• Other claims such as food and toys?

Firstly, it is important to define clearly what a cosmetic is:?

It is a Substance or mixture, applied to the body on the epidermis, hair, nails, lips, teeth. If a product is ingested, injected, or inhaled it is not a cosmetic.?

Its function will be to clean, perfume, change appearance, correct odour, protect, or keep in good condition.?

The packaging it is in must also look like a cosmetic, and the claims included on the pack must be cosmetic claims meaning they cannot claim to treat or prevent adverse conditions such as eczema.?

General Borderline:?

Under UK General Product Enforcement Regulations 2005, a “product” means a product intended for consumers, or likely to be used by consumers which is supplied or made available during a commercial activity.??

If a product does not have a primary cosmetic or medicinal function and complies with the General Product Regulation, then it could be considered a general product.?

For example, a “massage oil” would be considered a General Product, as its primary function is to reduce friction, release muscle tension and aches. But it may also have secondary benefits such as moisturising properties, which would be cosmetic functions.?

Medicinal Borderline:?

A medicine is a substance presented as having properties for treating or preventing disease, or one which may be used in restoring, correcting, or modifying physiological functions by exerting a pharmacological, immunological, or metabolic action, or to make a medical diagnosis.?

This borderline is tricky as a cosmetic can have a secondary preventative purpose, but not a curative purpose. For example, it cannot claim to cure rashes, acne, spots, irritation, dermatitis, etc.?

Some products will be harder to determine than others, for example spot patches. The patch itself is defined as an article but the solution on it may be cosmetic. But if the product claims to treat spots and has something like microneedles that break the skin then it is no longer cosmetic.?

Hair growth products are also borderline as they can claim to maintain hair growth or prolong the hair growth phase. But if it claims to regrow hair or stimulate hair growth after hair loss then it will be considered medicinal.?

Biocide borderline:?

If the products’ main function is to disinfect or sanitise, it is biocidal. For example, hand sanitisers are biocides as their main function is to disinfect. However, moisturising antibacterial hand gels are cosmetics as their main function is to moisturise (which is a cosmetic function) with secondary biocidal claims.?

If a hand gel/sanitiser claims to kill a pathogen e.g., COVID-19, then it is now a medicine as preventing a disease is the main function.?

Other Borderlines:?

Cosmetics share many borderlines with products such as toys and food. Food does not have a specific purpose, instead it is decided by the target site and way of ingestion. For example, a supplement for skin and hair is considered food.??

There are food imitation products, but it is important that the packaging must not be confused for that of a foodstuff. If it is likely to confuse the consumer, especially children, then it will be considered a food product.?

CTPA Decision Tree for Borderline Assessment?

The CTPA have created a tool to help define borderline cosmetics. The decision tree is broken down into the following:?

1. What is the legal definition of the product? Is it a cosmetic, biocide or medicinal product??

1. Is the product a substance or mixture??

1. What is the site of application??

1. What is the function of the product??

1. Is the product formulated according to the requirements of the UK cosmetic regulation??

1. Does the product look like a cosmetic??

1. What are the product claims? The primary function must fit within the definition of a cosmetic. Secondary non-cosmetic claims are allowed in certain cases, but must always remain secondary and not replace the cosmetic function?

1. Use the correct decision tree. The CTPA have created decision trees for biocidal products and one for medicinal products. It should be noted that these are for guidance only and do not establish a formal classification decision?

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