A joint paper by our senior researcher and doctoral students was recently published in the professional journal Közigazgatási Eljárási Jogi Közlemények. The study is about the regulatory control of the production and marketing of cosmetic products.
The market for cosmetic products
As a result of the research, the authors highlight that the cosmetic products market is one of the most dynamically developing areas worldwide. The cosmetics industry is a high-value, multi-billion dollar industry, which has more and more specialized and advanced products every year.
The major product categories of the cosmetics industry are skin care, hair care, perfumes, deodorants, toiletries, and makeup. Of these, skin care products lead the list, accounting for approximately 36% of the global cosmetics market.
Why should these products be checked?
Cosmetic products may be manufactured using a number of chemicals and technologies that may have negative effects on the human body. For this reason, legislators must create the conditions under which cosmetic products are safe when used as intended or under reasonably foreseeable conditions. The EU legislator stresses that the presentation of cosmetic products, in particular their shape, scent, colour, appearance, packaging, labelling, quantity or size, must not endanger the health or safety of consumers by being likely to be confused with foodstuffs. The European Union has formulated the provisions governing the manufacture, placing on the market and official supervision of such products within the framework of a strict set of rules. The implementation of these provisions is supported by national legal regulators and official controls in the Member States.
Who checks our cosmetic products and how?
The study aims to answer the question of which authorities and under what procedures control the domestic market. How products present or intended to appear on the market are controlled and how the responsibilities of those involved in the cosmetic product value chain develop.
The implementation of EU rules in our country is implemented by Act XI of 1991 on health authority and administrative activities and Government Decree 246/2013. (VII. 2.) on cosmetic products. In addition, Act XLVII of 2008 on the prohibition of unfair commercial practices towards consumers also sets out rules governing the enforcement of consumer rights.
In terms of the scope of action, several bodies should be highlighted: the Government has designated the National Institute of Pharmaceutical and Food Safety (OGYÉI) as the national authority for toxicological tasks. OGYÉI performs the professional control of product information documentation, if it is located in Hungary. In addition, it performs tasks related to the reception of so-called SUE notifications related to the intended use of cosmetics and risk assessment, as specified in the Product Regulation. Furthermore, OGYÉI also operates the Cosmetic Toxicology Center for the rapid medical treatment of health damage resulting from the use of cosmetics.
In addition, the district (capital city district) office acting within the scope of public health responsibilities, the national chief medical officer, and the consumer protection authority have special powers regarding the official control of compliance with EU and domestic implementing legislation.
The manufacturer is obliged to notify the district office of the manufacturing activity at least 30 days before its commencement.
In practice, one of the most significant issues is the determination of the authenticity of the information placed on the product label. In this context, OGYÉI published a document in 2017 entitled Guide to the criteria for claims on cosmetic products, which is intended to support the domestic application of the uniform EU criteria system.
The study summarizes the most important information regarding the production and marketing of cosmetic products.
The study is available at the following link: https://www.keje.hu/wp-content/uploads/2022/08/KEJK_2022_1-1.pdf
