The New Cosmetics Rules 2020: 6 months after implementation
In December 2020, the Indian government introduced the New Cosmetics Rules 2020, which separates the rules for cosmetics from those for drugs, both of which were previously regulated by the Drugs and Cosmetics Act of 1940. These rules, which concern the import, manufacture, labelling, sale and distribution of cosmetics in India, have been updated and codified.
The main changes brought about by the Regulation are the forms that companies must fill in to ensure compliance. However, there are other evolutions to be noted. These include:
- Definition of the concept of a new cosmetic: A "new cosmetic" is defined in the Indian rules as a cosmetic containing an innovative ingredient that has not yet been used anywhere in the world or is not recognised for use in cosmetics in the national or international literature.
- For these new cosmetics, it is now mandatory to submit an application to the Central Licensing Authority.
- The validity of registration certificates of imported cosmetics increased from 3 to 5 years.
- The process for cosmetics registration is similar to the one that existed previously. However, the fees to be paid are much lower (reduced by half). This is a real incentive for companies.
- Application for issue of import registration number for the import of "already" registered cosmetics are to be applied in COS 4. This will benefit other importers who wish to register the same brand by making it easier for them.
- Import bans have been listed: for example, you can no longer import a cosmetic product into India if its best-before date is less than 6 months, if the cosmetic is banned in its country of origin, if it contains hexachlorophene, or if it was tested on animals after 12th November 2014.
Cosmetics in India: upcoming deadlines and points of attention
There are several points to keep in mind when marketing cosmetics in India. To begin with, existing manufacturing licenses and registration certificates issued under the old regulations will be valid until they expire or until 18 months after the publication of the Cosmetics Rules 2020, on 15th December 2020 (whichever is later).
It should also be borne in mind that, although import registration certificates issued under the Cosmetics Rules 2020 will be valid for life, a fee will still have to be paid every 5 years by the importer.
In the event of a change, for example in labelling or composition, a certificate of compliance must be sent to the Indian authorities.
Finally, some products (which are not to be sold in India) are exempt from registration:
- bulk cosmetic products intended solely for export,
- products for research and development,
- les cosm�tiques qui seront vendus uniquement en duty free dans les a�roports internationaux,
- les produits � usage exclusif des h�tels.
Vous avez plus de questions sur les produits cosm�tiques et l�exportation en Inde ? N�h�sitez pas � les poser � notre experte locale � l�occasion d�un webinar d�di�.
Wish to know more about the export of cosmetics to India?
For more information, do not hesitate to contact Nataliya Muller or one of our experts!
The New Cosmetics Rules 2020: 6 months after implementation
In December 2020, the Indian government introduced the New Cosmetics Rules 2020, which separates the rules for cosmetics from those for drugs, both of which were previously regulated by the Drugs and Cosmetics Act of 1940. These rules, which concern the import, manufacture, labelling, sale and distribution of cosmetics in India, have been updated and codified.
The main changes brought about by the Regulation are the forms that companies must fill in to ensure compliance. However, there are other evolutions to be noted. These include:
- Definition of the concept of a new cosmetic: A "new cosmetic" is defined in the Indian rules as a cosmetic containing an innovative ingredient that has not yet been used anywhere in the world or is not recognised for use in cosmetics in the national or international literature.
- For these new cosmetics, it is now mandatory to submit an application to the Central Licensing Authority.
- The validity of registration certificates of imported cosmetics increased from 3 to 5 years.
- The process for cosmetics registration is similar to the one that existed previously. However, the fees to be paid are much lower (reduced by half). This is a real incentive for companies.
- Application for issue of import registration number for the import of "already" registered cosmetics are to be applied in COS 4. This will benefit other importers who wish to register the same brand by making it easier for them.
- Import bans have been listed: for example, you can no longer import a cosmetic product into India if its best-before date is less than 6 months, if the cosmetic is banned in its country of origin, if it contains hexachlorophene, or if it was tested on animals after 12th November 2014.
Cosmetics in India: upcoming deadlines and points of attention
There are several points to keep in mind when marketing cosmetics in India. To begin with, existing manufacturing licenses and registration certificates issued under the old regulations will be valid until they expire or until 18 months after the publication of the Cosmetics Rules 2020, on 15th December 2020 (whichever is later).
It should also be borne in mind that, although import registration certificates issued under the Cosmetics Rules 2020 will be valid for life, a fee will still have to be paid every 5 years by the importer.
In the event of a change, for example in labelling or composition, a certificate of compliance must be sent to the Indian authorities.
Finally, some products (which are not to be sold in India) are exempt from registration:
- bulk cosmetic products intended solely for export,
- products for research and development,
- les cosm�tiques qui seront vendus uniquement en duty free dans les a�roports internationaux,
- les produits � usage exclusif des h�tels.
Vous avez plus de questions sur les produits cosm�tiques et l�exportation en Inde ? N�h�sitez pas � les poser � notre experte locale � l�occasion d�un webinar d�di�.
Wish to know more about the export of cosmetics to India?
For more information, do not hesitate to contact Nataliya Muller or one of our experts!
