Who Does What in the Cosmetics Supply Chain? Roles and Responsibilities of Economic Operators
Several different parties may be involved in the cosmetics supply chain: those who develop the product, those who physically manufacture it, those who market it under their own name or trademark, those who import it, and those who distribute it. Their functions may overlap, but each role is associated with specific obligations. The main legal reference is Regulation (EC) No 1223/2009, which governs cosmetic products in the European Union. Understanding the differences between the various operators is essential in order to correctly identify responsibilities, particularly where production is outsourced or involves suppliers established outside the EU. The Responsible Person: the Key Reference for Cosmetic Product Compliance Every cosmetic product placed on the European Union market must have a Responsible Person established in the EU, who is responsible for ensuring compliance with the relevant obligations laid down in the Regulation. The term “person” includes both natural and legal persons, such as companies. It does not therefore necessarily refer to an individual professional or an employee of the company. Among other things, the Responsible Person must ensure: product safety; compliance of the formulation; compliance with good manufacturing practice; the availability and updating of the Product Information File (PIF); notification through the CPNP portal; the compliance of labelling and advertising claims. These obligations also continue after the product has been placed on the market, including the management of non-compliance and cosmetovigilance matters. The Manufacturer: Not Necessarily the Party That Physically Manufactures the Product The role of the manufacturer is governed by Article 2(1)(d) of the Regulation and is defined as the natural or legal person who manufactures a [...]
