Cosmetics and toiletries—ingredient labelling (TP Regulation—SR 1991 No. 327 (as amended by SR 1998 No. 364)—as at 28 September 2004) and TP Amendment Regulations 2008 (No.1) (SLR 2008 No. 82) dated 15 May 2008
Only certain aspects of the mandatory standard may be contained in these compliance notes. Suppliers should refer to both the regulation or consumer protection notice and the referenced Australian/New Zealand or overseas standard (if applicable) for details of the full requirements of the mandatory standard.
This information is provided as general guidance only and does not constitute legal advice.
Purpose
The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 is a mandatory information standard introduced following requests from dermatologists for cosmetic goods to be labelled with their ingredients so that consumers can identify substances to which they might be allergic
History
The standard was first introduced in 1991. There is no Australian standard for the labelling of cosmetics. The standard was made by Trade Practices Regulation as a product information standard under s. 65D.
That standard was amended in late 1998 by the Trade Practices (Consumer and Information Standards [Cosmetics]) Amendment Regulations 1998 (No. 1).
The standard was further amended in May 2008 to change the definition of flavour and aroma to the definitions contained in the International Cosmetic Ingredient Dictionary and Handbook.
Interaction with other cosmetic regulators
The ACCC is responsible for enforcing the mandatory information standard for ingredient labelling for cosmetics and toiletries. The mandatory information standard requires that a full list of ingredients must be labelled on the product or container or available at point of sale. It also prescribes the order in which ingredients must be listed.
The actual ingredients/contents of cosmetics are regulated by the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). Some cosmetics with therapeutic effects are administered by the Therapeutic Goods Administration (TGA).
Recent developments—cosmetic regulation
NICNAS recently amended its Industrial Chemicals (Notification and Assessment) Act 1989 (ICNA Act) so that some products, which were previously regulated as therapeutics by the TGA, are now classified as cosmetics and will need to be labelled according to the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991.
From 17 September 2007 the following products will now be considered to be cosmetics:
anti-acne products
anti-bacterial skin products
anti-dandruff products
anti-perspirants
moisturisers with secondary sunscreen sun protection factor (SPF) 4 to 15 inclusive
sunscreen products SPF <4.
In some situations products will still be considered therapeutic and clarification should be sought from the TGA.
Under the ICNA Act, the Health Minister has introduced a national cosmetic standard to deal with some of the product categories above, now termed 'cosmetic products'. Of the products listed above, the following have additional conditions applied to them under the NICNAS cosmetic standard:
tinted bases or foundation (liquids, pastes or powders) with sunscreen
products intended for application to the lips with sunscreen
moisturising products with sunscreen for dermal application, including anti-wrinkle, anti-ageing and skin-whitening products
sunbathing products with an SPF of at least 4 and not more than 15
anti-bacterial skin products
anti-acne products (including spot treatments, cleansers, face scrubs and masks)
products for the care of the teeth and the mouth (e.g. dentifrices, mouth washes and breath fresheners)
The standard applies to cosmetics and toiletries manufactured in or imported into Australia after 31 October 1993. Cosmetic and toiletry products are substances or preparations intended for placement in contact with any external part of the body, including the mouth and the teeth, with a view to:
altering the odours of the body
changing its appearance
cleansing it
maintaining it in good condition
perfuming it
protecting it.
Examples of goods covered by the standard
The list below contains examples of cosmetic and toiletry products covered by the mandatory information standard.This list is not exhaustive and is only intended for illustrative purposes.
creams, emulsions, lotions, gels, or oils for the skin
face masks
tinted bases including liquids, powders or pastes
make-up, after-bath or hygiene powders
toilet or deodorant soaps
perfumes, toilet waters, aftershaves or eau de cologne
bath or shower preparations including salts, foams, gels or oils
depilatories
deodorants
anti-perspirants
hand cleansers
hand protection creams or barrier creams
make-up and products for removing make-up from the face or eyes
products intended for application to the lips
hair care products
products for the care of mouth or teeth
products for nail care
shaving creams, foams, lotions or soaps
products for tanning without the sun
skin-whitening products.
In addition to the above products, the mandatory standard also applies to the following:
face paint
theatrical make-up
temporary tattoos
baby and general wipes
cosmetic and toiletry goods sold in duty free stores (if the goods are intended for use in Australia)
products used in hair and beauty salons
artificial hair adherents.
Goods not covered
There are four categories of exemptions to the standard:
goods made here but intended for export
goods covered by the Therapeutic Goods Act
free samples
testers.
Products considered not covered by the mandatory standard include:
massage oils (an aid to therapeutic or relaxation treatment)
toiletries supplied in hotels (considered free samples)
toothpaste with therapeutic claims or a fluoride content of more than 1000 mg/kg (covered by TGA)
insect repellents.
Requirements of the standard
The standard requires that a list of the good’s ingredients be available at the point of sale. The general intention of the regulation is that this list of ingredients should be carried on the good's container. However, where this is not practical, the information may be made available through other means.
The ingredients must be specifically identified and listed in descending order calculated by either mass or volume. The quantity or percentage of each ingredient does not need to be declared.
Alternatively, the mandatory standard allows the ingredients to be listed in the following way:
ingredients in concentrations of 1 per cent or more in descending order by volume or mass, followed by:
ingredients in concentrations of less than 1 per cent in any order
colour additives in any order.
Incidental ingredients do not need to be disclosed.
Publications
The following guidelines deal with cosmetic regulations, cosmetic claims and the NICNAS cosmetic standard:
A suppliers' guide (to be updated upon completion of the regulatory review of the Cosmetics Regulations).
TGA has published a guide to cosmetic claim guidelines.
NICNAS has guidelines relating to its cosmetic standard (refer to NICNAS cosmetic standard link under recent developments).
