Scope of EC 1223/2009

“Cosmetic product means any substance or mixture intended to be placed in contact with external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity, with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours.” (Art. 2a) These products shall be safe for human health, when “under normal or reasonably foreseeable conditions of use” (Preamble, p.9).

Site of application:
  ✓   External parts of the body
  ✓   Mouth

Not applicable:
  ✗   Products intended to be placed inside ears, nose, vagina
  ✗   Products injected

EC 1223/2009 Recital 2: “products containing substances or preparations intended to be ingested, inhaled, injected or implanted in the human body do not come under the field of cosmetics”.

Intended main function:
  ✓   Cleaning, perfuming, changing appearance, correcting body odours, protecting, keeping in good condition.

Not applicable:
  ✗   Repellents (mosquitoes, lice)
  ✗   Soaps with primary biocide function
  ✗   Products for muscles, joints

This main function is exerted on the specified application sites: “with a view … to cleaning them, perfuming them, changing their appearance, protecting them or keeping them in good condition”.

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