The Drugs and Cosmetics Act of 1940 and the Cosmetics Rules of 2020 both say that selling cosmetics that haven’t been registered in India is a big deal. The government keeps a close eye on cosmetic items to make sure they are safe, correctly marked, and don’t have any dangerous components. If a brand sells makeup without registering it, it might face legal action, lose money, and hurt its image.
What Are Cosmetics That Aren’t Registered?
Cosmetics that don’t have a valid Cosmetic Registration Certificate from the CDSCO (Central Drugs Standard Control Organisation) are called “unregistered cosmetics.”
This includes:
- Cosmetics brought in without Form COS-1 clearance
- Cosmetics made in the US that don’t meet BIS criteria
- Things that don’t verify the safety of their ingredients
- Cosmetics that don’t follow the regulations for labelling
Why Do You Have To Register Cosmetics?
To be sure that cosmetic registration is necessary:
- The item is safe for people to use.
- There are no prohibited substances in the ingredients.
- The products satisfy BIS criteria.
- All claims, such as whitening and anti-aging, are validated by science.
- Following the right way to label
If you don’t register, the product hasn’t been checked for safety, which might hurt customers.
What Happens In India If You Sell Cosmetics That Aren’t Registered?
Depending on how bad the crime is, the punishments may be quite harsh and might include both fines and jail time.
- Punishments under the law:
- It is against the law to sell or give away cosmetics without appropriate registration.
- Up to three years in jail
- If the product that isn’t registered turns out to be hazardous or mislabeled.
- Drug inspectors taking products away
- During an inspection, authorities may take stock right away.
- Revocation of business licenses
- You might lose your retail license, distribution licence, or internet listing.
No one can make or bring in the product. CDSCO may suspend any operations relating to the cosmetic.
Penalty For Selling Cosmetics That Are Mislabeled Or Unsafe And Unregistered Cosmetic
If the makeup has dangerous substances or is labelled incorrectly, the fines go up:
- Fine of up to ₹5 lakh
- Five years in prison
- India has to recall all products
The product is banned forever.
Can Those Who Sell Things Online Also Be Punished?
Yes. Sellers on the internet:
- Amazon
- Flipkart
- Meesho
- Nykaa
They are also responsible for making sure that cosmetics are registered. If cosmetics that aren’t registered are offered online:
- The listing will be taken down
- The seller’s account might be put on hold.
- Legal Metrology and Cosmetic Rules may punish them.
How Does Cdsco Find Cosmetics That Aren’t Registered?
The CDSCO and State Drug Control do:
- Unplanned checks
- Market monitoring
- Watching online
- Taking random samples from stores
They might act right away without giving any warning.
How Businesses May Stay In Line?
To avoid getting in trouble:
- Always register cosmetics with the CDSCO Cosmetic Registration.
- Follow the rules set by BIS
- Make sure the labels are right
- Only buy from producers that are allowed to sell them.
Keep papers like the CoA, the list of ingredients, and the manufacturer’s license.
Effects That Go Beyond Legal Penalties
In addition to government intervention, companies also have to deal with:
- Customers don’t trust you anymore
- Complaints on social media
- Bad ratings
- Boycott by a distributor or store
You can’t get to marketplaces like Amazon or Nykaa.
Final Thoughts
The Indian government cares about consumer safety, thus the punishment for selling unlicensed cosmetics is severe. Before selling any cosmetics, whether they were made in India or brought in from another country, they must be registered.
Brands need to obey all CDSCO and BIS rules to avoid being fined, going to jail, or losing business.
Do all cosmetics have to be registered in India?
Yes, all cosmetics that come from other countries and those that come from the US must be registered with CDSCO before they may be sold.
Is it okay to sell cosmetics I produced myself without registering?
No, even cosmetics created at home or in small batches need licenses and safety checks.
What happens if CDSCO finds items that aren’t registered?
They may take the stock, fine people, and go to court.
Do internet suppliers of cosmetics need to register?
Yes, both online and offline merchants must only offer things that are registered and meet all the rules.
Who gives out certificates for cosmetic registration?
Form COS-1 is the form that CDSCO uses to register cosmetics.
