February 22, 2024. On February 20, 2024, the European Commission published the updated version of the Borderline Manual of Cosmetic Products. The last version contains the following two new entries:
- Glues and adhesives intended to fix articles like fake nails, false eyelashes, jewellery on teeth, etc.
- Magnetic eyeliners
The Borderline Manual is a guidance document created by the EC Working Group on cosmetic products. It aims to help companies determine whether their products fall within the scope of the EU Cosmetics Regulation. Nevertheless, it is essential to highlight that each product must be classified on a case-by-case basis. When in doubt, it is the responsibility of national competent authorities to determine the correct regulatory framework.
Essentials for the classification of cosmetics
Verifying whether a product is a cosmetic is the first step of the EU compliance process. The EU Cosmetics Regulation defines a cosmetic as “any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours”. Therefore, the classification is based on the following elements:
- Nature of the product — Substance or mixture
- Application site
- Product function
All characteristics of the product must be considered in the assessment, including the formula and claims.
Glues and adhesives
Glues and adhesives to fix articles like fake nails and false eyelashes meet two elements of the definition of a cosmetic product – the nature of the product and its application site. However, the existence of a primary cosmetic function must be evaluated case by case. Regarding this, the Borderline Manual clarifies that if the glue alone can change the appearance of the application site by itself, it is likely a cosmetic product. Conversely, if the glue has the exclusive function of attaching an article to an external part of the human body, it cannot be classified as a cosmetic as it lacks a cosmetic function. In this case, the product should comply with the requirements of the General Product Safety Directive (GPSD).
Furthermore, the Borderline Manual adds that glues applied to the nails to create artificial nails are likely to have a cosmetic function and, therefore, to be a cosmetic product.
Magnetic eyeliners
A magnetic eyeliner is a regular eyeliner that has also a secondary purpose, such as allowing false lashes to be attached to the eyelid. According to the Borderline Manual, this product should be classified as a cosmetic since its primary function is the same as a normal eyeliner. The other function can be considered as secondary.
Do you have doubts about the classification of your products? Contact Obelis Group to get a consultation from a team of experts.
References:
- European Commission. (2024). Manual of the Working Group on cosmetic products (sub-group on borderline products) on the scope of application of the Cosmetics Regulation (EC) no. 1223/2009 (Art.2(1)(a)). Retrieved on 22/02/2024
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