The growing market for CBD cosmetics and skincare products requires businesses to navigate a distinct set of regulations to ensure compliance and safety. CBD used in cosmetics, such as creams, lotions, balms, and serums, is regulated under the EU and UK Cosmetic Products Regulation. Unlike CBD edibles or supplements, cosmetics are not subject to Novel Foods regulations, but they must still meet stringent safety and labelling standards.
This step will guide you through the key regulations governing CBD cosmetics, how to ensure your products are compliant, and the process of notifying your products on the UK Cosmetic Products Notification Portal (CPNP).
1. CBD in Cosmetics: The Regulatory Framework
1.1. What Are CBD Cosmetics?
CBD cosmetics include products intended to be applied to the skin, hair, or nails for purposes such as moisturising, cleansing, or improving appearance. Unlike CBD supplements or food products, cosmetics are not ingested and therefore fall under a different regulatory framework.
1.2. Cosmetics Regulations in the UK
CBD cosmetics are regulated under the UK Cosmetic Products Regulation, which aligns closely with the EU Cosmetics Regulation (EC) No 1223/2009. These regulations set out requirements for:
Safety Assessments: All cosmetic products must undergo a safety assessment before they can be marketed.
Ingredient Restrictions: Certain substances are banned or restricted in cosmetic products. CBD is generally permitted, but the THC content must be 0% in cosmetics.
Labelling and Packaging: Labels must include information such as ingredients, usage instructions, batch number, and the responsible person’s details.
Product Notification: Cosmetics must be notified to the UK Cosmetic Products Notification Portal (CPNP) before they are placed on the market.
2. Safety and Compliance for CBD Cosmetics
Ensuring the safety of your CBD cosmetics is critical to regulatory compliance. Cosmetic products must be safe for human use, and businesses must be able to demonstrate that their products meet safety standards.
2.1. Safety Assessment
All cosmetics, including those containing CBD, must undergo a Cosmetic Product Safety Report (CPSR), which assesses the product’s safety for consumers. A CPSR is mandatory before your product can be marketed.
Who Can Perform a CPSR: The safety assessment must be carried out by a qualified safety assessor, typically a toxicologist or a chemist with expertise in cosmetics.
What Is Assessed: The CPSR will examine the ingredients, formulation, and intended use of the product to ensure it is safe for human use.
2.2. Ingredient Restrictions and THC Content
While CBD is permitted in cosmetic products, THC is not allowed in any concentration in cosmetics sold in the UK. All CBD used in cosmetic products must be free from THC, and the CBD itself must be derived from legal, approved sources.
Testing for THC: Ensure that your CBD is properly tested for THC content to verify that it is compliant with the 0% THC requirement for cosmetics.
2.3. Labelling Requirements
CBD cosmetics must comply with labelling requirements under the UK Cosmetics Regulation. Labels must include:
Ingredients List: Using the INCI (International Nomenclature of Cosmetic Ingredients) standard.
Usage Instructions: Clear directions on how to use the product safely.
Batch Number: To trace the product’s production batch.
Responsible Person: The individual or business responsible for the product’s safety must be listed, with contact details.
Labels should also avoid making medicinal claims unless your product has been authorised as a medicinal product, which is rare for cosmetics.
3. Notifying CBD Cosmetics to the UK Cosmetic Products Notification Portal
Before your CBD cosmetic products can be sold in the UK, they must be notified to the Cosmetic Products Notification Portal (CPNP). This portal is used by the UK and EU to keep track of all cosmetic products on the market, ensuring transparency and safety.
3.1. How to Notify a CBD Cosmetic Product
Create an Account: To submit notifications, you need to create an account on the UK CPNP portal. The full URL for the UK portal is:
https://www.gov.uk/guidance/submit-a-cosmetic-product-notification
Submit Product Information: Provide detailed information about your product, including:
- Product name and category.
- The Cosmetic Product Safety Report (CPSR).
- Full list of ingredients.
- Labelling and packaging information.
- Details of the responsible person.
Complete the Notification: Once all information is submitted, the product is considered notified and can legally be placed on the UK market.
3.2. Why Product Notification Is Important
Notifying your CBD cosmetic products is a legal requirement, and failure to notify could result in enforcement actions, including fines, product recalls, or being prohibited from selling the product.
4. Enforcement and Compliance
Several enforcement agencies ensure that CBD cosmetics comply with UK laws, including Trading Standards, Environmental Health, and the MHRA (if any medicinal claims are made). Non-compliance can result in significant penalties.
4.1. Trading Standards and Cosmetics
Trading Standards officers may inspect CBD cosmetic products to ensure that they:
- Comply with labelling regulations.
- Do not contain banned substances such as THC.
- Are notified on the UK CPNP.
4.2. Non-Compliance and Penalties
Failure to comply with cosmetics regulations can result in:
- Product recalls.
- Fines for breaches of safety or labelling requirements.
- Prosecution for selling unsafe or unnotified products.
5. Best Practices for CBD Cosmetics Compliance
To ensure your CBD cosmetics are safe and fully compliant with UK regulations, follow these best practices:
5.1. Ensure THC-Free Products
Only use CBD that is certified as containing 0% THC. Work with reliable suppliers and request regular testing to ensure compliance.
5.2. Conduct a Comprehensive Safety Assessment
Before launching any CBD cosmetic product, ensure it undergoes a thorough Cosmetic Product Safety Report (CPSR) by a qualified professional.
5.3. Notify Your Products on the CPNP
All CBD cosmetic products must be notified to the Cosmetic Products Notification Portal before they can be sold. Ensure all information is accurately submitted to the portal:
https://www.gov.uk/guidance/submit-a-cosmetic-product-notification
5.4. Comply with Labelling Requirements
Make sure all labels meet the required standards, including an accurate list of ingredients, batch number, responsible person details, and usage instructions. Avoid making any medicinal claims unless the product has been authorised as a medicine.
