Brexit advice for the cosmetic and personal care industry

Following the emphatic vote to ‘get Brexit done’ in the general election, the UK will be leaving the European Union imminently. More than 500 SME manufacturers and an unknown number of brands make up the €11.1bn cosmetic and personal care industry in the UK[i]. These companies, alongside thousands more in the European Union need to take urgent action, so that they are prepared for the changes that Brexit will bring and can continue trading after the exit date.

What are the key implications?

Cosmetics sold in the UK and EU are currently subject to the European Cosmetic Regulation EC 1223/2009. Following Brexit, new UK legislation will almost certainly replace the existing EU Regulation within the UK. As with all new UK legislation intended to replace existing EU regulations, this will initially be closely aligned with the EU text with amendments to ensure the text makes sense in the new environment (e.g. changing “Community” to “United Kingdom”). While changes such as these may appear to be small, they may have significant impacts on the regulation of cosmetic products in the UK & EU post-Brexit.

The most notable issues raised involve Cosmetic Product Notification Portal (CPNP) transfers, re-labelling and the requirement for a suitable ‘Responsible Person’ as a legal entity to represent UK cosmetic businesses within the EU community – and vice versa (a suitable ‘Responsible Person’ to represent EU businesses within the UK).

• Responsible Person
• CPNP Notifications

How MSL Solution Providers can help

As a specialist supplier of Regulatory and Responsible Person services to the Cosmetics and Personal Care Industry MSL Solution Providers have taken the following steps to secure regulatory compliance for our new and existing clients:

Establishing a subsidiary business in Dublin, Ireland while also maintaining the UK business. This allows us to offer dual-RP services covering both UK and EU with the same provider (including separate UK & EU addresses)
Maintain close communication with informed parties. We are engaging with Competent Authorities and industry bodies in the EU to promote our approach and liaising with UK Government organisations to assist and understand the development of the new UK regulatory system
Wherever possible and appropriate ensure dual compliance of products for both the UK and EU markets – thereby mitigating all potential obstacles to trade

It is imperative that affected businesses act now to prepare for the UK’s imminent departure from the European Union, so that they can continue trading in Europe.

For more information on how we can help you, please contact Alex Fotheringham – Brexit@msl.io