There can be many errors made by cosmetic importers that can be avoided. However, when there is an error, the consequences can be expensive, including late shipments, customs seizures, government penalties, and ultimately, the cost to a business’s reputation and capital. Cosmetics is a regulated and competitive industry where even simple mistakes made upstream can hurt the business downstream with expensive ripple-effect costs in the supply chain and markets.
Too frequently, especially for newer organizations, importers did not have the knowledge to grasp the complexities of cosmetic regulations, misinterpreted labelling complications, or improperly identified unqualified suppliers.
This post will talk about common mistakes and will provide useful information for companies to be more prudent in managing their import experience.
Why Cosmetic Import Compliance Matters?
Cosmetic import compliance is critical because it protects consumers, ensures products comply with local legislation, and can avoid less than pleasant surprises later down the road. Import compliance is essential for many reasons, including:
- Consumer Safety: Provides peace of mind that products are free from harmful or banned products.
- Legality: Ensures brand compliance with government regulations so they are not fined and have less risk of facing prohibited products.
- Simpler Imports: Ensures a smooth importing process and reduces the hassle related to customs if the product has been rejected or held up.
- Brand Safety: Shows responsibility and builds trust with consumers.
- Market Access: Ensure brands have the legal paths to sell products and reach as many people as possible.
Top Mistakes Cosmetic Importers Make in Regulatory Compliance
When manufacturers/executives regarding the compliance of newly imported or manufactured importers of cosmetics navigate new international markets, the first item on the agenda would be compliance. Regulatory non-compliance can result in delays, monetary penalties, or a ban on your products. Here are a few of the biggest mistakes importers of cosmetics make in relation to compliance.
- Ignoring Local Regulatory Requirements: Often, importers feel that if their product meets the cosmetics regulatory requirements for one country, it must be acceptable in another. However, each country has different regulatory regimes for cosmetics, including different restrictions on ingredients, restrictions on the safety of cosmetics, and/or restrictions on both. Failing to research and comply with local markets can result in the product being denied entry through customs or being removed from the local market.Â
- Incorrectly Labeling or Labeling Inaccuracies: Incorrectly labelling or labelling inaccuracies is often another major cause of delays at customs or a ban on the product. Importers often overlook important details such as: the ingredient declaration; use directions; lot/batch number; manufacturer’s details, etc. Also, a label must be in the proper format and the language of the applicable local market.Â
- Importing ingredients that are either banned or restricted: Some ingredients may be safe and legal to use in one country but are banned or restricted in another country. It is the responsibility of the importer to make sure they have checked their formulations against the cosmetic regulations in the country of destination.
- Failure to Provide Necessary Documentation: Sometimes importers do not provide legal documents such as Certificates of Free Sale, Safety Data Sheets (SDS) and/or Product Information Files (PIF); the failure does cause a delay in clearance – or even rejection at the border – if the importer cannot provide or renew outdated documents.
- Unsubstantial Marketing Claims: The use of the terms “anti-aging,” “natural,” or “clinically proven” must be substantiated; if not, the claims would not only hold legal risk, but product withdrawal and reputational damage as well with misrepresented claims. Each country has different rules when it comes to labelling, and all local guides must adhere to.
- No Local Responsible Person: Many jurisdictions call for a local “responsible person” oversight the compliance of products, i.e., the EU; if the importer does not have a “responsible person” in the local jurisdiction, the product could not be legally presented for sale, and/or could be stopped from clearance.
- Forget about Animal Testing Bans: Some countries, such as the EU, India, and Israel, prohibit the sale of cosmetic products tested on animals; if an importer decide to not check that their each product has never been tested on animal, those importers would be refused entry, irrespective of the safety, or efficacy of the products.
How To Avoid Mistakes Cosmetic Importers Make?
The most effective way to avoid common compliance mistakes is to proactively engage and mindfully approach cosmetic importing. Some proactive steps and understanding of local regulations can prevent costs associated with delays, legal proceedings, and product rejections or rejection of product registrations. Here are some ways to avoid the most common mistakes:
Research Country-Specific RegulationsÂ
Understand the complete regulatory framework for the country you are importing into, as it relates to cosmetics. This will include ingredient restrictions, labelling, documentation, testing requirements, and more. Consult regulatory websites and compliance experts, but if possible, always consult the official source.
Accurate And Compliant Label SheetsÂ
Ensure that all products are labelled correctly, including the label must have all required information, including ingredients, usage, warnings, batch number, manufacturer, etc. Please also check that your translation is correct and has been laid out in the proper format per the destination country.
Confirm Ingredient Lists With The Local ListsÂ
Confirm that all product ingredients are not on the importing countries’ lists of banned or restricted substances. If the ingredients are restricted but acceptable, there might be a formulation restriction you will need to comply with to ensure that your product is safe and legal to sell.
Ensure, Documentation Is CompleteÂ
Make sure that all documentation is complete and current, which would include: Certificates of Free Sale; Product Information Files (PIF); Safety Data Sheets (SDS); and import Licenses. Well, compliant documentation will aid in the quicker customs clearance and give you some peace of mind if anything goes wrong.
Substantiate All Marketing Claims
Utilize only scientifically substantiated marketing claims. Avoid ambiguous or misleading terms, unless they are legally defined and accepted within the target market. Keep documentation to support all claims made.
Appoint a Local Responsible Person (if Necessary)
If you are marketing your products to markets like the EU or the UK, you will need to appoint a local Responsible Person who will act as a representative of that product entity and assist you in complying with the regulations. Be careful in selecting the local Responsible Person who is competent and qualified, and they are familiar with their local laws and obligations, and therefore responsibilities as your representative.Â
Do NOT Test on Animals (if Prohibited)
If you’re exporting to countries where animal testing is illegal or if you are working with cosmetics where animal testing is banned, confirm that your products & ingredients are NOT tested on animals, keep your supplier declarations, and keep your records updated, to confirm your cruelty-free obligation.Â
Stay On Top Of Changes To RegulationsÂ
Sign up for newsletters that offer regulatory updates, look for upcoming changes in provincial or federal government publications or use a compliance consultant to make sure you are aware of any new regulations, revised statutes, modified ingredient lists, or modified labelling requirements.
How ELT Corporate Can Help Avoid Mistakes Cosmetics Importers Make?
Importing cosmetics has a multitude of regulatory requirements, and businesses often incur significant costs due to mistakes associated with compliance, labeling, testing, and licensing. ELT Corporate can do you the favor of reducing the risk of incurring these costs by helping you with:
- Expert advice on cosmetic regulations in the EU, US, GCC, etc.
- Labeling, documentation, and product safety testing.
- Cosmetic Import licenses and custom clearance assistance.
- Ongoing compliance monitoring and advice.
Let us help you with these complex steps so that you can concentrate on building your brand. Call us at: Â +91 85859 19582
FAQs
What Are The Typical Documentation Errors That Cause Problems For Cosmetic Importers?
Missed or incorrect ingredient lists, Safety Data Sheets (SDS), and Free Sale Certificates are amongst the primary documentation errors that lead to customs delays.
Is Product Testing A Requisite In Every Country?
Yes. Most countries have their testing requirements and standards. Do not assume that local testing is unnecessary based solely on the manufacturer’s certifications. Local testing is often required by law.
Can A Product Be Banned Even If It Is Legal In Its Country Of Origin?
Yes. One of the biggest mistakes cosmetic importers make is assuming that legality in one country means it is subject to the same laws in other countries.
Do E-Commerce Sellers Have To Follow The Same Requirements?
Yes. It does not matter if it is sold in person or online, cosmetic products have to comply with all applicable local regulatory requirements.
What Is The Importance Of Batch Traceability In Importing Cosmetics?Â
Batch traceability enables you to have a process to manage recalls, quality control, and regulatory auditing. It is essential to maintain responsible importing.