Updated EU Borderline Manual for Cosmetics

The EU Commission Borderline Manual for cosmetics has been updated in September 2020 to include two new entries.

• Cosmetic kits: there is no definition of a cosmetic kit in the EU Cosmetics Regulation. For the purpose of the Manual, cosmetic kits are defined as cosmetic products consisting of components to be mixed that require some form of manipulation/preparation by the end-user, according to associated instructions and a specified formulation.  Therefore, cosmetic kits consisting of components to be mixed according to clear associated/linked instructions, where the intended final product has an exclusive or main cosmetic purpose, are considered cosmetic products.  Substances and mixtures, which are not linked to specific instructions on how to make a cosmetic product from them, and where the components are not cosmetic products on their own, are not cosmetics.  For these substances and mixtures, the Classification, Labelling and Packaging (CLP) Regulation applies.
• Dual function soap (personal and laundry care): products that have both a main cosmetic function of cleaning the body and a secondary non-cosmetic function of a laundry detergent fall under the scope of the EU Cosmetics Regulation (provided that all the other criteria are met), since the product has the main function of cleaning external parts of the human body.  This classification as a cosmetic product is not precluded by the fact that such a dual-use product may also qualify as a detergent under the EU Detergent Regulation.  If a soap claims dual function as a cosmetic product and a detergent, and if it falls under the scope of both Regulations, it has to comply with both legal regimes and their requirements.