Cosmetics Compliance – Australia

According to Mordor Intelligence, the Australian beauty and personal care products market is forecasted to reach USD 6.7 billion by 2025, growing at a Compound Annual Growth Rate (CAGR) of 4.48% during the forecast period (2020 – 2025).

Although not the most populated country (its population is less than 26 million), it’s a wealthy country with a GDP exceeding $50,000 per person per year and has one of the highest Human Development Indicators (HDI) in the world.

Regulatory Context

Cosmetics and therapeutic goods

In Australia, a cosmetic product is defined as “a substance designed to be used on any external part of the body – or inside the mouth – to change its odour or appearance, cleanse it, keep it in good condition or protect it.”  

A cosmetic product is not considered a therapeutic good, which is regulated by the Therapeutic Goods Administration (TGA).

Other regulators

The Australian Industrial Chemicals Introduction Scheme (AICIS) regulates chemical substances. Each ingredient in a cosmetic formula must be listed in the AICIS inventory. If an ingredient is not listed in the inventory, it cannot represent more than 1% of the formula and must meet several ecotoxicological criteria. In the latter case, a full dossier for the assessment of the ingredient by the AICIS must be submitted.

The Australian Competition and Consumer Commission (ACCC) regulates label requirements, including the INCI list.

BIORIUS strongly recommends following the labeling guidance provided by our experts, since labeling is strongly regulated in Australia.

In order to be allowed to sell cosmetic products in Australia, cosmetics companies must have an importer established in the Australian territory and registered with the AICIS. This importer is responsible for the compliance of the products distributed.

How does it work?

BIORIUS ensures the compliance of cosmetic products according to the requirements of the Australian authorities.

The regulatory revision consists of a formula review and a label & claims review.

Formula Review

Assessment of the formula according to the requirements established by the AICIS & the TGA.

BIORIUS’ experts review the classification of the product to ensure that it can be considered a cosmetic.

Next, they proceed to a toxicological analysis to verify the formula’s safety.

Finally, they check the ingredients according to various standards:

  • AIICS (Australian Inventory of Industrial Chemical Substances), including the confidential portion of the inventory
  • Customs Prohibited Imports Regulation
  • SUSMP (Standard for the Uniform Scheduling of Medicines and Poisons)

Upon completion of this review, a formula review report is issued, which  includes expert conclusions (categorization of the product, toxicological analysis & ingredients review).

Label & Claims Review

Assessment of the label according to the requirements established by the ACCC.

Evaluation of the product label (ingredients list, symbols, legal requirements, etc.) and claims substantiation.

The labels & claims review consists of a report containing all the information that must appear on the labeling material:

  • Required elements
  • Presence of required elements (primary packaging, secondary packaging & leaflet)
  • Final INCI list
  • Claims
  • Conclusion of each claim
  • Expert commentary – strategic recommendations are provided for updating the label

Specific product categories

CBD Products

CBD products are authorized in Australia under certain strict conditions:

  1. In hemp seed oil, for purposes other than internal human use and containing 50 mg/kg or less of cannabinoids, including 20 mg/kg or less of tetrahydrocannabinols
  2. If labeled, with either of the following warning statements:
    • Not for internal use
    • Not to be taken internally

SPF Products

SPF products can be considered cosmetics if the SPF is the secondary function of the product.


Any questions?

Contact

Rue Joseph Wauters, 113
7170 Manage, Belgium

+32 2 888 40 10
+44 20 3866 1208

info@biorius.com

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