There are substantial amounts of information to obtain regarding legal guidelines, packaging and labelling of soap and cosmetic products, and thus trying to piece together this information to protect your business can be both difficult and tiring.
This article has been compiled in an effort to make this task a lot simpler and provide as much information as possible to help those that may need it.
Please note that the guidelines provided are in relation to Australian laws and regulations, and the rules set out in other countries may differ.
Before delving any deeper into the details provided, it is recommended to first confirm that your product is considered to be a cosmetic and not a therapeutic good using the information below. Products such as handmade and cold pressed soap are in most cases classed as a cosmetic, provided they do not claim to enhance or alter the body's function.
If your product does not meet the above criteria or claims to change or enhance the function of the body or mind, then it may very well be considered to be a therapeutic good which is regulated in a very different way to cosmetics. More information about therapeutic goods can be found here
To view additional information on cosmetic goods click here
Those who import or manufacture industrial chemicals, including cosmetics (for commercial purposes) must register with NICNAS for a fee.
This registration is for a business not for chemicals or recipes, meaning that only details of your business need to be provided.
If you are not manufacturing products that do not involve a chemical reaction (ie saponification of soap) will not need to be registered with NICNAS, but the products in question will need to comply with the NICNAS cosmetic guidelines found here
The official details of the NICNAS Registration can be found here.
To view the registration form click here.
The SUSMP 1 is a set of rules and guidelines set around chemicals and ingredients.
Because soap is applied to the external area of the body, it is considered to be a cosmetic, and cosmetics are not allowed to contain ingredients listed in S2, S3, S4 or S8 Standard for the Uniform Scheduling of Medicines and Poisons No 1 (the SUSMP 1) as set out in Schedule 1.
The SUSMP 1 also contains warnings and some safety directions that may be need to be provided on labels for various ingredients as well as container types such as those that are child resistant.
The SUSMP 1 is maintained by the National Drugs and Poisons Scheduling Committee (NDPSC) The NDPSC can be contacted via email at ndpsc@health.gov.au
All of the ingredients contained in your products will need to be displayed in order descending by weight or volume in the format set out by the INCI.
The INCI is the "International Nomenclature of Cosmetic Ingredients" is a system for labelling and naming ingredients in a manner that will allow anybody to figure out exactly what those ingredients are without difficulty, and it is essential to use the INCI down to every last detail for legal reasons.
By listing all of the ingredients contained in your products, users will be able to avoid your products if they are sensitive or allergic to any of the ingredients. This will allow you to avoid having any issues ie being sued.
You can find a copy of the INCI list here.
Cosmetics are not allowed to make any therapeutic claims. They can only be marketed and presented as cosmetics and nothing more.
By making any misleading and deceptive claims about your soaps or cosmetic products, you are in breach of rules set out by the ACCC and can get into a lot of trouble for doing so. More Information on this topic can be found in the Product Safety Guide: Cosmetics and Toiletries - Ingredient Labelling.
If a business fails to comply with the rules set out by the various organisations listed on this page, penalties may very well apply, and these include fines of $13,200.00 for an individual or $66,000.00 for a corporation.
For this reason as well as public safety, it is essential to follow all of the guidelines provided and ensure that your business, yourself and your customers are free from any medical or legal issues.
