If you are looking to sell beauty products in Australia, you will need to be aware of product labelling rules. These rules set out the requirements for labelling products so that consumers are aware of any allergens or ingredients that might be potentially harmful. Accurately labelling your products will ensure you meet your legal obligations under consumer law and that your customers feel safe when buying your cosmetics. This article will explore beauty labelling laws, including regulations for ingredients labelling, exclusions for free samples and testers, and exporting out of Australia.
Ingredients and Warning Labelling
Australian law sets out what you must do regarding the labelling of your beauty products before you can sell them to consumers.
Labelling Products
You must label all cosmetic products. Cosmetic products are those that make contact with any part of the body, including the teeth and mouth, for the purposes of changing how the body smells or looks or for cleaning, maintaining or protecting the body.
For example, the following products are cosmetics:
- face cream;
- lip balm; and
- deodorant.
Ingredients Labelling
Australian law (mandatory standard, the Consumer Goods (Cosmetics) Information Standard 2020) sets out rules governing what you must include in ingredient labels for cosmetic products.
You will need to display the ingredients of your product in descending order with respect to the percentage of the product they make up. For example, the ingredient list for a lipstick made from 10% dye, 60% castor oil and 30% wax would look as follows: Castor Oil (60%), Wax (30%), Dye (10%). Although the mandatory information standard does not require listing the quantity or percentage of each ingredient, you must include the net weight of the product on its label.
Alternatively, the mandatory standard allows for the listing of ingredients in the following order:
- ingredients (except colour additives) in concentrations of 1 per cent or more in descending order by volume or mass;
- ingredients (except for colour additives) in concentrations of less than 1 per cent in any order;
- colour additives in any order.
Warning Labelling
You must include a warning label if your product poses a health risk, whether inherent to its use or accidental or improper use. This warning label must be visible and clearly outline the relevant risk.
An appropriate warning label might be ‘Keep out of reach of children’ or ‘For external use only’.
Displaying a Label
The mandatory standard includes requirements for displaying a product’s label. Generally, you must place the label on the product or its packaging and ensure it is visible to consumers at the point of sale, not just once they have bought the product and tampered with its packaging.
Exclusions for Free Samples and Testers
Due to their small size, you will likely be unable to fit a label on a sample or a tester. Consequently, samples and testers of cosmetic products do not need the same labelling as retail products. However, you should still make sure to inform any customers who take a free sample or tester of any allergens your product contains or risks associated with using your product.
Continue reading this article below the formExporting Your Products
The rules on ingredient and warning labelling apply to products that you sell to consumers in Australia. If you are exporting your products to other countries, you do not need to follow the Australian standard for beauty product labelling.
However, this does not necessarily mean you can ship your products without labels. It is essential that you comply with the product labelling laws of the countries where you export your beauty products. You must do this to avoid foreign authorities seizing your products or sending them back to Australia, which can cost you time, money, and reputation.
This guide provides key information on how to manage a business dispute as quickly and cost-effectively as possible.
Key Takeaways
Proper labelling is necessary for any beauty products you wish to sell in or out of Australia. Beauty labelling laws require all cosmetic products to have ingredient and warning labels, and you must clearly place these on your products or their packaging. You will not need to include ingredient or warning labels on your samples or testers. However, it is still good practice to inform customers of any allergens contained in or risks posed by your products.
If you plan to export and not sell your products in Australia, you will not need to follow Australian labelling laws. However, be aware of and apply the labelling laws of the country you are exporting to so your products are legally allowed to be sold there.
If you need help meeting your obligations under Australian beauty labelling laws, our experienced fashion and beauty lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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