The cosmetics industry is coming under ever increasing scrutiny from Trading Standards and attracting considerable media coverage of the ensuing prosecutions.
Sukhdip Randhawa of Kangs Solicitors looks at the legislation being used to bring these prosecutions.
The Regulations | Kangs Trading Standards Solicitors
Trading Standards officers are exercising powers granted by the Cosmetic Products Enforcement Regulations 2013, to enforce EC Regulations 1223 / 2009 Cosmetics (‘the Regulations’).
The aim of the Regulations is to establish standards for cosmetic products in order to provide a high level of protection for the safety and health of EU citizens.
Before any product can be released on the market:
- there must be proof showing it is safe for human health,
- instructions must be provided explaining its appropriate use,
- directions as to safe disposal must be provided, and most importantly
- it must be accurately and adequately labelled,
Any failure will be used to prosecute offenders.
Labelling | Kangs Regulatory Solicitors
Article 19 (1) of the Regulations provides that ‘cosmetic products shall be made available on the market only where the container and packaging of cosmetic products bear the following information in indelible, easily legible and visible lettering’:
- Name and address of the responsible person and country of origin for imported products;
- Weight or volume of cosmetic products at time of packaging;
- Expiration date of product when stored under appropriate conditions;
- Precautions to be following in the use of the cosmetic products;
- Identifying batch number for the manufacture of the product;
- Explanation of the function of the cosmetic product, if its use is unclear;
Penalties | Kangs Solicitors Regulatory Law Advisors
Any breaches of the above are liable to lead to prosecutions by local authorities with the help of Trading Standards officers.
A person guilty of an offence under regulation 12(1) for breaching EU Cosmetics Regulation faces:
- on summary conviction a fine not exceeding the statutory maximum, or imprisoned for up to three months or to both,
- on conviction on indictment a fine not exceeding £20,000, or imprisonment not exceeding twelve months or to both.
Potential Defence | Kangs Criminal Courts Solicitors
If a person charged with any offence can to show that all reasonable steps were taken and all due diligence was exercised to avoid committing the offence, then this may be accepted by a court as an acceptable defence.
How Can Kangs Solicitors Help ? | Kangs Criminal Defence Solicitors
Kangs Solicitors provide an expert team experienced in defending all areas of Regulatory Work, including Trading Standards Prosecutions, throughout the UK.
If you need help in relation to any prosecution then please do not hesitate to contact our team through the following: