Business Brunch - compliance management in the cosmetics industry

Category: compliance Industry: cosmetics Location: Düsseldorf Date:

Liability risks for manufacturers, importers and responsible persons

Business Brunch with Miriam Schuh and Saskia Wittbrodt on 13 April 2018 in Düsseldorf

With the coming into force of the EC Cosmetic Products Regulation no. 1223/2009, the requirements relating to the marketability and safety of cosmetic products have become more stringent. Each cosmetic product has to be allocated to a responsible person established in the Community, whose duty it is to ensure compliance with the obligations listed in the EU Cosmetic Products Regulation. 

The responsible person can be a manufacturer established in the EU, a person appointed by the manufacturer in the EU, the importer or even the distributor of a cosmetic product. The range of the responsible person’s obligations involves ensuring that the product is safe within the meaning of the Regulation, keeping a product information file, and obligations relating to notification, reporting and coordination. There are liability risks that correspond to this sphere of obligation, and importers and distributors in particular should pay heed to these and make sure they are protected by the design of the contracts they conclude with the manufacturer.

The topics we cover will include:

  • demarcation between cosmetic products and other product groups 
  • requirements relating to the marketability of cosmetic products 
  • catalogue of obligations for manufacturers, responsible persons, importers and distributors 
  • product liability and other liability risks 
  • the Claims Regulation and the admissibility of advertising claims 
  • current jurisprudence