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Cosmetics

Cosmetic Compliance in New Zealand

New Zealand’s system is product-focused rather than chemical-importer focused. The regulation is governed by the Environmental Protection Authority (EPA) under the Cosmetic Products Group Standard.

Key Requirements:

* Product Notification: Before a cosmetic product is supplied in New Zealand, you must notify the EPA via an online portal. This notification is for each product formulation.

* Safety Assessment: You must hold a Product Safety Statement confirming the product is safe for use under normal or reasonably foreseeable conditions.

* Ingredient Restrictions: The Group Standard prohibits or restricts certain ingredients (like banned substances and restricted preservatives, colorants, etc.) based on the ingredients lists published by the European Union, which are referenced in the standard.

* Labelling: Labels must comply with specific requirements, including listing ingredients in INCI (International Nomenclature of Cosmetic Ingredients) format.

In summary for New Zealand: Before selling, you must notify each product to the EPA, have a safety assessment, and ensure your formulation and labelling meet the Cosmetic Products Group Standard.

Cosmetic Compliance in AUSTRALIA

In Australia, cosmetics are regulated as products containing industrial chemicals. The governing body is the Australian Industrial Chemicals Introduction Scheme (AICIS). Most cosmetics are regulated solely by AICIS. However, a product can fall under the TGA’s rules if it makes specific types of claims. The breakdowns are listed.

AICIS (Australian Industrial Chemical Introduction Scheme)

What it Regulates: The chemical ingredients inside your cosmetic product.

Its Focus: AICIS is concerned with the safe introduction (importation or manufacture) of industrial chemicals into Australia. Since the ingredients in cosmetics are classified as industrial chemicals, they fall under AICIS.

Your Obligation: You must register your business with AICIS and ensure that each chemical ingredient in your product is approved for use (e.g., listed on the Australian Inventory of Industrial Chemicals – AIIC).

Simple Rule: Almost every cosmetic product (e.g., shampoo, moisturiser, lipstick, perfume) must comply with AICIS regulations, regardless of its marketing claims.

TGA (Therapeutic Goods Administration)

What it Regulates: Therapeutic goods—products that are intended to prevent, diagnose, cure, or alleviate a disease, ailment, or defect.

Its Focus: The TGA is concerned with the safety, quality, and efficacy of medicines and medical devices.

When a Cosmetic Becomes a Therapeutic Good: A product is regulated by the TGA if it makes a therapeutic claim. The line between a cosmetic and a therapeutic good is defined by the claims made about the product.

Examples of Therapeutic Claims:

Sunscreen: “SPF 50+” or “protects from skin cancer”

Anti-acne: ” treats and prevents pimples”

Anti-dandruff: “controls dandruff”

Antiperspirant: “reduces sweating”

If your product makes any of these claims, it is considered a therapeutic good (specifically, it’s often listed as a “listed medicine”) and must be registered with the TGA in addition to complying with AICIS for its ingredients.

In conclusion

All cosmetics containing industrial chemicals need to comply with AICIS.

Only cosmetics that make therapeutic claims need to additionally be registered with the TGA.