ARE US PRODUCTS AUTOMATICALLY COMPLIANT FOR THE UK/EU MARKETS?
Introduction
The cosmetic industry is one of the most dynamic and rapidly evolving markets in the world. With an ever-growing consumer base and continuous innovations, brands are constantly seeking new opportunities to expand their reach. This blog is intended for businesses in the USA aiming to help them understand the restrictions on selling cosmetic products based on their business registration location.
THE IMPACT OF RECENT TARIFFS
Very recently, the US government imposed steep new tariffs (including on cosmetic products), significantly affecting the landed cost of cosmetic products being produced overseas and imported into the USA. These tariffs include a 100+% increase on imports from China and a minimum of 10% on imports from other countries. This has led to higher costs for US beauty brands, which are now facing increased pressure to adjust their pricing strategies and supply chains. As a result, brands must navigate these challenges while ensuring compliance with international regulations when selling products abroad.
Many US brands may now be looking favourably upon other markets, such as the UK and EU, to sell their products as they try to diversify income streams. While the UK and EU cosmetic and personal care markets are worth billions, there are strict rules and requirements.
US PRODUCTS ARE NOT AUTOMATICALLY COMPLIANT IN THE UK/EU
Even with the implementation of MoCRA, products designed, labelled, and packaged for the US market are not necessarily automatically compliant for the UK and EU.
It's crucial for US brands to understand that when selling cosmetic products to consumers in the UK and EU, the laws of these markets apply to the products, not US laws. This means adhering to specific regulations and standards set by the UK and/or EU authorities, including nominating a Responsible Person, ensuring formulation and labelling compliance, as well as carrying out pre-market notifications to name just a few obligations. This restriction applies whether you’re selling online D2C or not.
Key differences include:
The requirement to include the national languages of EU member states on product packaging;
The addition of mandatory recycling logos and symbols for specific markets;
UK/EU-specific ingredient warnings;
UK/EU labelling requirements;
and much more.
Can You Sell Your Products IN THE UK/EU If YOUR COMPANY IS REGISTERED IN THE USA ONLY?
Answer: No. With a registered company in the USA only, you are not legally permitted to sell your cosmetic products to consumers in the UK and EU. A UK and/or EU Responsible Person must be appointed for each cosmetic product. Only people or businesses registered in the UK and/or EU are able to fulfil this role. This restriction applies whether you’re selling online D2C or not.
Solution: Under the applicable law, you’re able to appoint an in-market representative such as COSMESURE® to act as your Responsible Person. This is where we become the legal representative and accept the obligations for safety and compliance for the products. An expert service provider such as COSMESURE® can help you navigate regulatory barriers and speed up the launch process.
How COSMESURE® Can Assist:
If you’re based outside of a market and you’d like to unlock it to reach new consumers, then you have options to explore. You can register a business in the appropriate territory and assume the obligations of the Responsible Person, or you can outsource the obligations to a trusted third-party specialist and use their in-market expertise to support you on your journey.
Reach out to COSMESURE® for a zero-obligation quotation and a free discovery call at info@cosmesure.uk.