Cosmetic goods safety
Every time we buy something we are making a legal contract.
When we buy something, it should be safe and shouldn’t cause you any harm. What are your rights if a cosmetic product you buy is unsafe?
When we use the word product or goods, we mean the same thing, goods.
The law states
Everything you buy must be
Of satisfactory quality
Fit for purpose and
As described
In practice this means the product must be safe when used in a normal or reasonably foreseeable way. Products must not be faulty; they must match any description given and be fit for the purpose you bought them for.
What if you buy cosmetic products, what can you expect?
What are cosmetic products?
Skin and hair care, make-up, perfumery, oral care, toothpaste, any product that come into contact with the outside parts of the human body, including teeth and are designed to cleanse and protect them, change their appearance and keep them in good condition is classed as a cosmetic product .
A cosmetic product must be
"safe for human health when it is used under normal or reasonably foreseeable conditions of use", which basically means safe so long as its properly used, we don’t put toothpaste in our eyes and then complain its unsafe or stings.
When thinking about whether a cosmetic is safe or not, the following things also need to be considered:
presentation, including appearance, smell and packaging that could easily mixed up with edible food
labelling, warnings and the effect on other products it's used with
instructions for use and how to throw away
any other important information provided by the 'responsible person' (the person who manufactures, imports or distributes the cosmetic product in the UK)
Cosmetics must be thoroughly checked for safety
All cosmetic products must be properly labelled in permanent, easily readable, and visible lettering, which must include:
name and address of the responsible person in the UK
weight or volume of the product, unless it is sold loose
the country of origin if the cosmetic product is imported
durability (how long it should last or you should keep it). If minimum durability is under 30 months, it must display a specific symbol and best-before date. If it will last more than 30 months, it must indicate a time after opening for which the product is safe to use
any precautions that need to be followed, like keep away from eyes
batch number of the cosmetic product so that it can be easily identified
the function of the cosmetic product , unless it is clear from its presentation
an ingredients list, which must appear on the packaging; if this is not possible, it must appear on a notice, leaflet, label, tag, tape or card accompanying the cosmetic product
What if goods are unsafe…
Stop using the product straight away. Take a photo / video of the product and make a note of the make, batch, serial or model number. See if you can find any instructions, any packaging and proof of how you bought it.
If you have concerns about a product , you can check the manufacturer’s (business who made the product goods) website for information and view the list of recalls and safety notices on the Chartered Trading Standards Institute website.
If the goods are unsafe, the business is in breach of contract. You have a legal right to seek a solution.
Read our Trained in Two on Goods here
What should I do?
Speak to the business, ask them for what you want. If this does not work, then you would need to email or write to them and include any other information you may have such as photos / videos of the product and information on the make, batch, serial, or model number. See if you can find any instructions, any packaging and proof of how you bought it.
Rules for life
Be polite
Be clear in what you want
Keep a record of all letters and communications
If the business disputes what you are saying, direct them to this website, businesses need to know their rights as well.
For further advice contact Citizens Advice Consumer Service 0808 223 1133.