The European Commission has taken a significant step towards regulatory clarification with the recent update to the Cosmetic Products Borderline Manual. Announced on February 20, 2024, this revision introduces two new categories of products under its jurisdiction: glues and adhesives used for applying false nails, false eyelashes, dental jewelry, among others, and magnetic eyeliners. This advancement is part of the EU's ongoing efforts to keep businesses and consumers informed and safe regarding cosmetic products on the market.
The Borderline Manual, developed by the European Commission's Working Group on cosmetic products, serves as an essential guide for industry companies. Its main goal is to assist these entities in determining whether their products fall within the scope of the EU Cosmetics Regulation. However, it is crucial to understand that the classification of any product should be approached on an individual analysis basis. In cases of doubt, it will be up to the competent national authorities to decide on the applicable regulatory framework.
Key Criteria for Cosmetic Products Classification
The EU defines a cosmetic as any substance or mixture intended to be applied to the external parts of the human body or to the teeth and oral mucosa, with clear objectives such as to clean, perfume, change appearance, among others. The classification is based on the product's nature, the application site, and its main or exclusive function.
Magnetic Eyeliners
Magnetic eyeliners, which in addition to their conventional function allow false eyelashes to be fixed to the eyelid, are classified as cosmetic products due to their primary function of altering the eye's appearance.
Details on Glues and Adhesives
The update clarifies that adhesives for items such as false nails and eyelashes must be individually assessed to determine if they meet the definition of a cosmetic product. This assessment focuses on whether the adhesive changes the appearance of the application area on its own.
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