What are the legal requirements for selling Shower Bombs as cosmetics in Germany and Austria?

Question from Sef, What are the legal requirements for selling Shower Bombs as cosmetics in Germany and Austria?

Answer from AI:

In order to sell Shower Bombs in Germany and Austria, you need to comply with several regulations, especially if you’re sourcing them from China. These products may be classified as cosmetics, and as such, they are subject to specific laws and regulations.

Regulations in Germany

In Germany, the main regulation governing cosmetics is the German Cosmetic, Toiletry, Perfumery and Detergent Act. This law is in line with the European Union’s Regulation (EC) No 1223/2009 on cosmetic products.

Key requirements include:

• Product Safety: The product must be safe for human health when used under normal or reasonably foreseeable conditions.
• Product Information File (PIF): You must have a PIF for each product, which includes information about the product’s safety, ingredients, and manufacturing process.
• Responsible Person: You must designate a ‘responsible person’ within the EU who ensures compliance with all legal obligations.
• Notification: Before placing a cosmetic product on the market, you must notify the European Commission through the Cosmetic Products Notification Portal (CPNP).

Regulations in Austria

In Austria, the Austrian Food Safety and Consumer Protection Act applies, which also aligns with the EU’s Regulation (EC) No 1223/2009. The same key requirements as in Germany apply here.

Importing from China

When importing cosmetics from China, you must ensure that the products comply with EU standards. This includes ensuring that the products do not contain substances banned in the EU and that they meet the EU’s labeling requirements.

Classification as Cosmetics

Whether Shower Bombs can be classified as cosmetics depends on their intended use. According to the EU’s Regulation (EC) No 1223/2009, a cosmetic product is any substance or mixture intended to be placed in contact with the external parts of the human body for the purpose of cleaning, perfuming, changing its appearance, protecting, keeping in good condition, or correcting body odors.

Given this definition, Shower Bombs could likely be classified as cosmetics if they are intended for these purposes. However, the final classification would depend on the specific characteristics and intended use of your product.

Legal Advice

This information provides a general overview of the legal requirements for selling Shower Bombs in Germany and Austria. However, the specifics can be complex and may require professional advice. It’s recommended to consult with a legal professional or a regulatory consultant to ensure full compliance with all relevant laws and regulations.