The cosmetics industry has faced significant changes in the regulatory landscape following Brexit.
The cosmetics industry continues to adapt to a shifting regulatory environment following Brexit. With the United Kingdom implementing its own framework while maintaining broad alignment with the European Union, companies selling in both markets must now navigate two parallel systems. For many brands, the challenge lies in balancing dual compliance requirements while keeping certification processes efficient and cost-effective.
Post-Brexit Regulatory Frameworks: EU vs. UK
Before Brexit, the UK operated under the EU Cosmetics Regulation (EC) No. 1223/2009, which continues to form the foundation of cosmetic safety and compliance within the European Union. Since leaving, the UK has introduced its own framework: the UK Cosmetics Regulation.
While the two frameworks remain closely aligned, the split has created practical differences that businesses must manage. Products placed on the EU market must comply with the EU Cosmetics Regulation, appoint an EU-based Responsible Person (RP), and be notified through the Cosmetic Products Notification Portal (CPNP). Products placed on the UK market must comply with the UK Cosmetics Regulation, appoint a UK-based RP, and be notified via the UK Submit Cosmetic Product Notification (SCPN) portal.
Key Differences in Compliance
The most immediate divergence lies in the administrative requirements: companies trading in both regions must now maintain separate RPs and carry out dual product notifications. Labelling has also been affected — packaging for the UK market must clearly display the UK RP’s address, creating additional design considerations for international brands.
Ingredient regulations, while still broadly aligned, are no longer identical. Divergence has already begun:
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Titanium dioxide – restrictions on particle sizes for inhalation risk are stricter in the EU than in the UK.
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Salicylic acid – the EU imposed certain restrictions in June 2021, while the UK adopted them later, in March 2023.
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DHA (dihydroxyacetone) – restricted in the EU since April 2022, but no equivalent restriction yet in the UK.
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Butylphenyl methylpropional (lilial) – banned earlier in the EU (March 2022) than in the UK (December 2022).
This demonstrates that future updates, such as microplastic restrictions or preservative reviews, could lead to further regulatory divergence over time. Brands must therefore monitor both frameworks closely and anticipate separate timelines for compliance.
Streamlining Certification Processes
Navigating these parallel systems can be complex, but there are strategies to reduce duplication and improve efficiency:
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Centralise Documentation: Maintain a single, well-structured repository for product information files (PIFs) and safety data, ensuring consistency across both regions.
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Appoint Dual RPs Strategically: Work with regulatory partners who are established in both the EU and UK, simplifying coordination and reducing overhead.
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Monitor Regulatory Updates: Subscribe to authority communications and industry associations such as CTPA to stay informed of new bans, restrictions, and labelling requirements.
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Adapt Labelling Efficiently: Use universal packaging templates where possible, adjusting only the market-specific details required for compliance.
How ADSL Can Help
As a British leader in cosmetic formulation and regulatory compliance, ADSL is uniquely positioned to support brands navigating the complexities of post-Brexit compliance. Our comprehensive services include:
- Dual Market Compliance: Assisting with certification and notification for both the EU and UK markets.
- Regulatory Updates: Providing timely insights into regulatory changes, ensuring your products remain compliant in both regions.
- Labelling and Claims Support: Helping brands adapt packaging and marketing materials to meet regional requirements without compromising brand identity.
- Streamlined Documentation: Managing and centralising product information files and safety assessments to reduce administrative overhead.
Brexit has introduced new regulatory challenges for cosmetic brands, but with the right strategies and expert support, compliance across both markets can be managed effectively. By consolidating documentation, monitoring ingredient divergences, and working with experienced compliance partners, companies can ensure seamless market access in both the EU and UK. ADSL is here to provide the expertise and guidance needed to keep your products compliant while maintaining the highest standards of safety and quality.
