A product is classified as cosmetic when it is a substance or mixture intended to come into contact only with the external parts of the human body, the main function of which is to keep clean, perfume, change appearance, protect, keep in good condition or correct body odor. Cosmetic legislation allows the use of a secondary antibacterial (biocidal) function while maintaining the classification of the cosmetic product only if certain requirements are met.
A product with additional antibacterial properties can be classified as a cosmetic when:
- is intended only for use on the external parts of the human body: the epidermis, hair, nails, lips, external genitalia, and on the teeth and oral mucosa,
- all ingredients of the product, including an ingredient with an antibacterial effect, do not exceed the permissible concentration specified in Regulation 1223/2009 on cosmetic products,
- the main function of the product is cleaning, perfuming, changing the appearance or protecting the skin, keeping it in good condition or correcting body odors,
- has a clearly defined secondary antibacterial function, it is not allowed to use biocidal declarations, e.g. disinfectant, biocidal, kills 99% of bacteria, etc.,
- correct product presentation: packaging labeling (eg use of larger or bold fonts), carefully selected graphics and declarations clearly suggest the main cosmetic function.
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