Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

 

 

horak.
Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection

 

 

...Start ...Main practice areas ...Cosmetic law
Start
Main practice areas
Administrative law
Agricultural law
Animal law
Anti Trust law
Architectural law
Banking law
Brokerage law
Business law
Capital Market law
Civil law
Civil service law
Commercial law
Commercial Criminal law
Competition law
Construction law
Contract law
Copyright law
Corporate law
Cosmetic law
Customs law
Data protection law
Design law
Distribution law
Domain law
Domain Arbitration law
Education law
Employee invention law
Energy law
Engineering law
Environment law
European law
Event law
Family law
Film law
Financial penalties law
Fiscal Offences law
Food law
Gambling law
Guarantee law
Higher Education law
Image rights
Industrial law
Inheritance law
Insolvency law
Insurance law
International law
International Trade law
Internet law
IP law
IT law
Labour law
Land law
Law on associations
M&A law
Mail order law
Media law
Medical malpractice law
Medical Products law
Medicine law
MLM law
Music law
Online law
Patent law
Pharma law
Plant variety law
Photography law
Press law
Publishing law
Public commercial law
Public procurement law
Purchasing law
Real Estate law
Restaurant law
Sales representaves rights
Sports law
State Aid law
Students rights
Tax law
Technology law
Tenancy law
Telecommunications law
Terms and conditions law
Tort law
Trademark law
Traffic law
Transport law/Shipping law
Waste law
Wine law
 
horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@bwlh.de
hannover@bwlh.de
 
horak.
Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@bwlh.de
 
horak.
Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@bwlh.de
 
horak.
Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@bwlh.de
 
horak.
Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@bwlh.de
 
horak.
Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@bwlh.de
 
horak.
Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@bwlh.de

horak. 
Attorneys at Law LEIPZIG
Lawyers
Patent Attorneys

Friedrich-List-Platz 1
04103 Leipzig
Deutschland

Fon 0341.98 99 45-50
Fax 0341.98 99 45-59
leipzig@bwlh.de

 
horak. 
Attorneys at Law Munich
Lawyers
Patent Attorneys
Landsberger Str. 155
80687 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@bwlh.de
 
horak.
Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Königstraße 80
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@bwlh.de
 

 

Cosmetics Law

This Regulation relates only to cosmetic products and not to medicinal products, medical devices or biocidal products. The delimitation follows in particular from the detailed definition of cosmetic products, which refers both to their areas of application and to the purposes of their use.

Cosmetic products law (KosmetikVO)

The assessment of whether a product is a cosmetic product, has to be made on the basis of a case-by-case examination, taking into account all characteristics of the product. Cosmetic products may include creams, emulsions, lotions, gels and oils for the skin, face masks, tinted bases (liquids, pastes, powders), make-up powders, after-bath powders, hygienic powders, toilet soaps, deodorant soaps, perfumes, toilet waters and eau de Cologne, bath and shower preparations (salts, foams, oils, gels), depilatories, deodorants and anti-perspirants, hair colorants, products for waving, straightening and fixing hair, hair-setting products, hair-cleansing products (lotions, powders, shampoos), hair-conditioning products (lotions, creams, oils), hairdressing products (lotions, lacquers, brilliantine), shaving products (creams, foams, lotions), make-up and products removing make-up, products intended for application to the lips, products for care of the teeth and the mouth, products for nail care and make-up, products for external intimate hygiene, sunbathing products, products for tanning without sun, skin-whitening products and anti-wrinkle products.

Safety of cosmetics according to Cosmetics Law

Cosmetic products should be safe under normal or reasonably foreseeable conditions of use.

The presentation of a cosmetic product and in particular its form, odour, colour, appearance, packaging, labelling, volume or size should not endanger health and safety of consumers due to confusion with foodstuffs.

In order to establish clear responsibilities, each cosmetic product should be linked to a responsible person allocated within the Community.

Ensuring traceability of a cosmetic product throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates market surveillance authorities’ task of tracing economic operators.

In order to ensure the safety of the cosmetic products placed on the market, they must be manufactured in accordance with a good production practices.

In order to be comparable and of high quality, the results of the non-clinical safety studies carried out for the purposes of assessing the safety of a cosmetic product should comply with the relevant Community legislation.

The use of nanomaterials in cosmetic products may increase with the further development of technology. In order to ensure a high level of consumer protection, free movement of goods and legal certainty for manufacturers, it is necessary to develop a uniform definition for nanomaterials at international level. Currently, there is inadequate information on the risks associated with nanomaterials. Substances classified as carcinogenic, mutagenic or toxic to reproduction ("CMR") of categories 1A, 1B and 2 are due to their hazardous properties in cosmetic products are forbidden.
In order to ensure product safety, prohibited substances should only be allowed in traces if this is technically unavoidable under good manufacturing practices and only if the cosmetic product is considered safe.

Cosmetic products counterfeiting

The European cosmetic sector is affected by product counterfeiting, and this can lead to increased health-risks.

Animal Protection and Cosmetics Law

The protection and welfare of animals must be fully taken into account. In this regards, EU regulations do not allow the use of animals for experimental purposes if scientifically satisfactory alternatives are available.

Expiration date of cosmetic products

In order to inform consumers, cosmetic products should have precise and easily understandable indications concerning their durability for use.

Given that consumers should be informed of the date until which the cosmetic product will continue to fulfil its initial function and remain safe, it is important to know the date of minimum durability i.e. the date by which it is best to use the product.

Where the minimum durability is more than 30 months, the consumer should be informed of the period of time after opening, so that the cosmetic product may be used without any harm to the consumer. However, this requirement should not apply where the concept of the durability after opening is not relevant: it is the case of single-use products, products not at risk of deterioration or products that can not be open.

Misleading advertising statements of cosmetics products

The consumer should be protected from misleading claims concerning efficacy and other characteristics of cosmetic products. It should be possible to claim on a cosmetic product that no animal testing was carried out in relation to its development. In addition to the labelled information, consumers should be given the possibility to request certain product-related information from the responsible person in order to make aware product choices.

Terms of the Cosmetics Law

Cosmetic products

“cosmetic product” means any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair , nails, lips and external genital organs) or with teeth or mucous membranes of the oral cavity in order to clean them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours;

Substance

“Substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used but excluding any solvent which may be separated without effecting the stability of the substance of changing its composition;

Mixture

“Mixture” means a mixture or solution composed of two or more substances;

Manufacturer

“Manufacturer” means any natural or legal person who manufactures a cosmetic product or has such a product designed or manufactured, and markets that cosmetic product under his name or trademark;

Distributor

“Distributor” means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a cosmetic product available on the Community market;

End user

“End user“ is either a consumer or a professional using the cosmetic product;

Making available on the market

 “Making available on the market” means any supply of a cosmetic product for distribution, consumption or use on the Community market in the course of a commercial activity;

Placing on the market

“Placing on the market” means the first-time provision of a cosmetic product on the Community Market;

Importer

“Importer” means any natural or legal person established within the Community, who places a cosmetic product from a third country on the Community market;

Nanomaterial

“Nanomaterial” means an insoluble or biopersistant and intentionally manufactured material with one or more external dimensions, or an internal structure on the scale from 1 to 100 nm;

Preservatives

“Preservatives” means substances which are exclusively or mainly intended to inhibit the development of micro-organisms in the cosmetic product;

Colorants

“Colorants” means substances which are exclusively or mainly intended to colour the cosmetic product, the body as a whole or certain parts thereof, by absorption or reflection of visible light; in addition, precursors of oxidative hair colorants shall be deemed colorants.

UV-Filter

“UV-Filters” means substances which are exclusively or mainly intended to protect the skin against certain UV radiation by absorbing, reflecting or scattering UV radiation.

Undesirable effect

“Undesirable effect” means an adverse reaction for human health attributable to the normal or reasonable foreseeable use of a cosmetic product;

Serious undesirable effect

“Serious undesirable effect” means an undesirable effect which results in temporary or permanent functional incapacity, disability, hospitalization, congenital anomalies or an immediate vital risk or death;

Withdrawal of the cosmetic products

“Withdrawal” means any measure aimed at preventing the introduction of a cosmetic product on the market in the supply chain;

Recall of the cosmetic products

“Recall” means any measure aimed at achieving the return of a cosmetic product that has already been made available to the end user;

Frame formulation

“Frame formulation” means a formulation which lists the category or function of ingredients and their maximum concentration in the cosmetic product or gives relevant quantitative and qualitative information whenever a cosmetic product is not covered or only partially by such a formulation. The Commission shall provide indications for the establishment of the frame formulation and adapt them regularly to technical and scientific progress.

Security of cosmetics products in Cosmetics Law

A cosmetic product made available on the market shall be safe for human health when used under normal or reasonably foreseeable conditions of use, taking account, in particular, of the following aspects:

 

  • Presentation, including conformity with the directive 87/357/ EWG;
  • Labelling;
  • Instructions for use and disposal;
  • Any other indication or information.

The provision of warning shall not exempt from the obligation, to observe the other requirements.

Persons in charge in Cosmetics Law

Only cosmetics products, for which a legal or natural person within the Community has been designed as “responsible person”, may be placed on the market.

For any cosmetic product placed on the market, the person responsible shall ensure the observance of the relevant obligations explained in this regulation.

For a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community, the manufacturer established within the Community shall be the responsible person.

The manufacturer may designate, by written mandate, a person established within the Community as the responsible person who shall accept in writing.

Where, for a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community the manufacturer is established outside the Community, he shall designate, by written mandate, a person established within the Community as the responsible person.

For an imported cosmetic product, each importer shall be the responsible person for the specific cosmetic product he places on the market.

The distributor shall be the responsible person where he places a cosmetic product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the applicable requirements may be affected.

What can we do for you?

  • General legal cosmetics law consultation and representation
  • Consultation and representation for the development of a cosmetic product
  • Examination of the marketability  of the physical composition of the cosmetic means and definition of particular legal classifications (such as medical products, foodstuffs and biomedicine)
  • Preparation, examination and optimization of contracts and agreements in regard to cosmetic products (manufacturing agreements, import agreements, liability agreements etc.)
  • Protection of the product designation
  • Examination and consultation regarding the advertisement and marking of a cosmetic product
  • Support, examination and preparation of safety assessment, product documentation and product dossier
  • Warning letters on competition and preliminary injunctions in the cosmetic industry.

horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english

 

 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request