Guidelines For Registration of Cosmetics in Sri Lanka
Guidelines For Registration of Cosmetics in Sri Lanka
Guidelines For Registration of Cosmetics in Sri Lanka
SRI LANKA
The objective of regulation of cosmetics is to provide safe and quality cosmetics to the people of Sri Lanka, at a
standard equal to that of comparable countries. To achieve this, regulators and industry should work together to
meet common goals. The purpose of this guideline is to provide guidance and inform marketing authorization
holders and consumers on the methods and criteria employed by the regulatory authorities on determining the
suitability for registration as a cosmetic, describes the requirements for registration and how applications should
be made.
The basis for the regulatory control comes from the Cosmetics, Devices and Drugs Act No. 27 of 1980.
All cosmetics marketed in the country whether manufactured here or imported must be registered in compliance
with the regulations published under the authority of these laws (Regulation No 38 of 1984).
OBJECTIVE OF REGISTRATION
• To ensure that cosmetic products in Sri Lanka are safe and not injurious to health.
• To ensure that cosmetic products are properly labelled with batch markings and listing of
ingredients used.
DEFINITIONS
AMENDEMENTS TO THE Definition in the Cosmetics, Devices and Drugs Act No. 27 of 1980
as any substance or preparation or device intended to be applied to the human body for cleansing, improving
or altering the complexion, skin, hair, teeth or mucous membranes of the oral cavity without affecting the
body’s structure or function.
Included in this definition are products such as skin creams, lotions, perfumes, lipsticks, nail polishes, eye and
facial make-up preparations, shampoos, permanent waves, hair colours, tooth pastes, deodorants and any
ingredient intended for use as a component of a cosmetic products and cosmetic devices. Soap products making
no label claim of human use are not considered as cosmetics under the law.
PRODUCT
An ingredient(s) in a cosmetic dosage form having a singular identity, composition characteristic and origin
PRODUCT VARIANT
For the purpose of this guideline product variants shall mean “items in a range of cosmetic products which are
produced by the same manufacturer that are similar in composition and are intended for the same use but are
available in different colours, fragrances or flavours”.
Colour shall mean a substance used as an ingredient of cosmetic product solely to give colour to the
product
Fragrance shall mean a substance used as an ingredient of cosmetic product solely to impart odour to
the product and
Flavour shall mean a substance used as an ingredient of cosmetic product solely to impart taste to the
product.
Products formulated from herbs, animal and mineral must be registered with the CDDA if intended to be used
as a cosmetic.
Claims stated on the product labeling, in advertising, on the Internet, or in other promotional
materials. Certain claims may cause a product to be considered a drug, even if the product is marketed
as if it were a cosmetic. Such claims establish the product as a drug because the intended use is to treat
or prevent disease or otherwise affect the structure or functions of the human body. Some examples are
claims that products will restore hair growth, reduce cellulite, treat varicose veins, or revitalize cells.
Consumer perception, which may be established through the product's reputation. This means
asking why the consumer is buying it and what the consumer expects it to do.
Ingredients that may cause a product to be considered a drug because they have a well known (to
the public and industry) therapeutic use. An example is fluoride in toothpaste.
This principal also holds true for essential oils in fragrance products. A fragrance marketed for promoting
attractiveness is a cosmetic. But a fragrance marketed with certain "aromatherapy" claims, such as assertions
that the scent will help the consumer sleep or quit smoking, meets the definition of a drug because of its
intended use
Such products must comply with both the drug and cosmetic provisions of the law.
REGULATION OF COSMETIC PRODUCTS
The government of Sri Lanka regulates the manufacture, sale and importation of cosmetic products by requiring
that all cosmetic products be registered before they can be manufactured, supplied, distributed or sold. The
details of the registration procedures can be found under the proceeding topics
WHO SHOULD APPLY FOR A PRODUCT LICENCE
Person(s) who import or manufacture cosmetic products or have products imported or manufactured on their
behalf are responsible for applying to the Drug Regulatory Authority (DRA), to have their products registered.
The applicant shall be responsible for the product and all information supplied in support of his application for
registration of the product
PRODUCTS FROM MULTIPLE SOURCES
Products with the same formulation and the same name but sourced from different manufacturing sites shall be
registered separately.
HOW AND WHERE TO FILE
Application forms are available from the DRA. The duly completed application should be submitted in English
in a hard cover file in duplicate to the DRA, 120
Norris Canal Road, Colombo 10.
If more than one application is submitted, there shall be no cross reference from one application to another, i.e.
information supplied in one application and also
required in other applications shall be repeated in those other applications. .For products classified under the
category “ Product Variant” shall be allowed to
be registered under one application but with separate fees for each variant.
TEST MARKET SAMPLING OR SAMPLES FOR STUDY PURPOSE
The industry maybe allowed manufacturing or importing unregistered products for the sole purpose of a
selective test sampling or clinical studies before its registration. However, prior approval from the DRA must
be obtained for such activities.
RESPONSIBILITY OF REGISTRATION HOLDER
The registration holder either manufacturer or importer must in writing declare that they are responsible for
ensuring safety quality and efficacy of the registered cosmetic product and that the product complies with all
existing regulations. Responsibilities include
Using raw materials which are safe and at the allowed concentration
Practicing good manufacturing practices
Ensuring appropriate packaging material is used to guarantee quality of product
Executing suitable quality control
Having effective procedure for handling any adverse effects that may occur with the product when used
VALIDITY OF REGISTRATION
Following registration of a cosmetic, the holder of the certificate of registration should notify the authorities of
any material changes that have been made or that are proposed to be made to the relating to the
registered cosmetic product
any new information regarding the safety of the cosmetic product or active ingredients/ excipients used
in the product.
DOCUMENTS WHICH MUST ACCOMPANY APPLICATION FORMS FOR REGISTRATION OF A COSMETIC
The application should contain all the information detailed below in support of their proposal to
register a cosmetic product
Cosmetic
CONTROLLED COSMETICS
They are cosmetic products that have the potential to be absorbed through the skin or mucous membrane or
contain substances that maybe harmful or are promoted for use in children. This category is subject to stringent
control.
The Controlled Cosmetics are listed in Annexure 1.
GENERAL COSMETICS
CONTROLLED COSMETICS
In addition to the above a controlled cosmetic will be assessed with reference to the following:
5. Adherence to Good Manufacturing Practices (GMP)
6. Cosmetics authority strongly urges controlled cosmetic manufacturers to conduct whatever toxicological or
other tests as appropriate to substantiate the safety of their cosmetics. If the safety of a cosmetic is not
adequately substantiated, it should bear the statement.
“Warning - The safety of this product has not been determined.”
PACKAGING
Liquid oral hygiene products (e.g. mouthwashes, fresheners) and all cosmetic vaginal products (e.g. pessaries,
tablets) must be packaged in tamper resistant packages when sold at retail .The package is considered tamper
resistant if it has an indicator or barrier to entry which if breached or missing alerts a consumer (e.g. shrink or
tape seal, sealed carton, tube or pouch aerosol container) that tampering has occurred. The tamper resistant
feature may involve the immediate or outer container or both. The package must also bear a prominently placed
statement alerting the consumer to the tamper resistant feature.
ADULTERATED / MISBRANDED / COUNTERFEIT COSMETIC
A cosmetic will be considered adulterated if it contains a substance which may make the product harmful to
consumers under normal conditions of use, if it contains a filthy, putrid or decomposed substance, if it container
is composed of a harmful substance, or if it is manufactured or stored under unsanitary conditions, or contains a
non - permitted colour. Rigorous adherence to Good Manufacturing Practices (GMP) guidelines is expected at
all times of manufacture and storage.
A cosmetic will be considered misbranded if its labelling is false or misleading, if it does not bear the required
labelling information, or if the container is made or filled in a deceptive manner.
A cosmetic will be considered counterfeit if it is deliberately and fraudulently mislabeled with respect to
identity and /or source.
LABELLING REQUIREMENTS
The containers of all cosmetics imported, manufactured, processed or packed locally or sold or exposed for sale
should have labels bearing the following information.
GENERAL COSMETICS
The brand name, type of product / Botanical names of ingredients will not be permitted as brand names
Product category
The weight / volume of contents
The date of manufacture
If it is not stable for at least 36 months include “Best used before” / Expiry date - The date should be
clearly stated and shall consist of the month and the year in that order
The batch number or lot number assigned by the manufacturer
The product registration number (optional)
Country of manufacture and the name and address of the manufacturer
The name and address of the company or person responsible for marketing the product locally.
The function of the product unless it is clear from the presentation of the product
Instructions on use unless it is clear from the product type or presentation
Special precautions to be observed in its use
Warning statements ( See Annexure 4)
CONTROLLED COSMETICS
In addition to the labelling requirement stipulated above, cosmetics classified as “ controlled cosmetics” are
required to bear
• An ingredient declaration.
Ingredient names used should be specified according to nomenclature in the International Cosmetic Ingredient
Dictionary (INCI), British Pharmacopoeia (BP), United States Pharmacopoeia (USP), Chemical Abstracts
Service (CAS) or such other approved nomenclature. The ingredient declaration must be conspicuous, so that it
is easily read at the time of purchase. It may appear on any information panel of the outer container or if not
packaged in an outer container on the jar, tube or bottle containing the product. The declaration may also appear
on a tag or card that is firmly affixed to the container. The name of each ingredient used should be declared in
descending order of predominance except that fragrances or flavour may be listed as fragrance or flavour. A
cosmetic will be considered to be misbranded if its labelling is false or misleading or does not bear the required
labelling information.
The source of any bovine-derived materials used, as ingredients in cosmetic products must be declared in both
controlled / general cosmetics. The information should include the type of bovine-derived materials used i.e.
type of tissue or organ used and the country of origin of the bovine-derived materials.
LANGUAGE AND LETTER SIZE FOR LABELS
All items should have their labeling at least in the English language, but preferably in all three languages
(English, Sinhala, and Tamil). The letters of which, must not be less than0.75mm high in the case of a small
label, not less than 1.5mm high in any other case of an inch in height.
FORMAT FOR CONSUMER INFORMATION
Consumer product information when deemed necessary by the CESC will be in the following formats.
Directions on use
Warnings e.g.; Do not use this product if you are----------------
Ask the doctor before use ----------------------
Stop using this product if -----------------------
Therapeutic claims either actual or implied are not appropriate in the labelling of cosmetics
Annexure V contains examples of claims that are cosmetic - oriented and will be acceptable the authority.
COSMETIC ADVERTISING
♦ No person should advertise any cosmetic / cosmetic device which is not registered with the Authority
♦ No person shall import into the country advertising material of any cosmetic, which is not registered with
the Authority.
♦ No person shall make any false or exaggerated claim for any cosmetic or misuse research results or
quotations from scientific literature to support such claim
♦ All advertising material should be sent to CESC for approval before advertising on the public media.
♦
CONTROLLED COSMETICS :
These include products that have the potential to be absorbed through the skin or mucous membranes and baby
products.
- Products for application in the area around the eyes (except eye brow products)
Oral care products -the only benefits claimed to result
from the use of the product must
be consequential on improvements
to oral hygiene, including for the
prevention of tooth decay or the
use of fluoride for the prevention
of tooth decay; and
(b) benefits in relation to other
diseases or ailments, eg gum or
other oral disease or periodontal
condition, must not be claimed to
result from use of the product
-
- Hair dyes contaninig phenylendiamine, toluenediamine, their salts and derivatives
- Hair growth promoters
- Sun - tanning preparations intended to protect against sunburn – not be presented as having a sun
protection factor of more than 15; and not be presented as water-resistant not have a therapeutic
claim ,including any representation about skin cancer, made for it;
- Skin lightener products
Anti - Dandruff agents -The product must be presented as
controlling or preventing dandruff only
through cleansing, moisturising,
exfoliating or drying the scalp
-
- Baby products
- Lip products
- Vitaminised / Hormone / Placenta containing products
- Healthcare antiseptic products
- Pediculocide shampoo
- Anti perspirants / Deodarants
- Medicated soaps
- Insect repellants
GENERAL COSMETICS :
Cosmetics which are not listed under controlled cosmetics
ANNEXURE 2
Accredited laboratories
AHAs may increase the sensitivity of skin to the sun while the products are used and for up to a week after use
is stopped, and that this increased skin sensitivity to the sun may increase the possibility of sunburn. Alpha
hydroxy acids are organic acids with a hydroxyl group on the carbon adjacent to the carboxylic acid group. The
predominant AHAs present in cosmetic products are glycolic acid and lactic acid. Other AHAs used in
cosmetic products include citric acid, -hydroxyoctanoic acid, and -hydroxydecanoic acid.
Labeling of a cosmetic product that contains an AHA as an ingredient and is intended for topical application to
the skin or mucous membrane should bear a statement that conveys the following information.
Sunburn Alert: This product contains an alpha hydroxy acid (AHA) that may increase your skin's sensitivity to
the sun and particularly the possibility of sunburn. Use a sunscreen and limit sun exposure while using this
product and for a week afterwards.
Antibacterail products: Skin care Antibacterial skin products The product must:
(a) be presented as being active only
against bacteria; and
(b) not be presented as being:
(i) active against viruses, fungi or
other microbial organisms
(other than bacteria); or
(ii) for use in connection with
disease, disorders or medical
conditions; or
(iii) active against a named
bacterium that is known to be
associated with a disease,
disorder or medical condition;
or
Heading P * x Comments
Administrative data
Free sales certificate
Classification of cosmetic
Product category of cosmetic
Methods of preparation
Formulation and package content
Analytical report
Lead, arsenic content where
applicable
List of active Ingredients
List of colouring agents, pigments
and colour additives
Toxicity tests where applicable
Product information leaflet
Clinical experience where
applicable
The views all members of the Cosmetics Evaluation Subcommittee listed below contributed to the document.
Mrs S Tennekoon
Mr RLA Warakagoda
Mr P Madarasingha
Mr W Pathirana
Ms TPM de Silva
ANNEXURE 4 COSMETIC CLAIMS GUIDELINES
A claim can be a word, a sentence, a paragraph, or simply an implication. The following tables show examples
of acceptable and unacceptable claims. Column A contains claims that are clearly acceptable for a cosmetic
while column C contains claims that are clearly unacceptable for a cosmetic. Column b is in between and the
choice of words could make it acceptable or not. These examples should be taken only as a guide and are not to
be taken as the final authority.
• medicinal (therapeutic)
Active ingredient • cosmetic active ingredient
ingredient
Ageing, anti-wrinkle • cover up (hide) age spots • any references to fading age
(blemishes, dark spots (depigmentation leaching
pigmented areas) of the skin)
• feel (look) younger • temporarily reduces depth
(youthful) of wrinkles by • eliminates (prevents. Stops.
• helps prevent (reduce, moisturisation Reduces, slows, reverses)
slow) the signs ageing (wrinkles, premature
(appearance) of ageing • anti-ageing (anti-wrinkle) ageing, ageing process)
(age lines, premature
ageing)
• moisturize ageing skin
• smoothes wrinkles
Astringent • refreshes * (warms, cools, • energizes (stimulates, • decongests skin
tightens, tones) skin invigorates) skin ** • removes toxins
• stimulates circulation
Bio, biological • bio (biological) • action (mechanism) due to
biological/physiological activity
• bio active (cellular)
• biological performance
(function)
• growth (repair) (metabolism)
(structural change)
Comedomes, acne, • cleaner for acne-prone • prevent (stop) (heal0
pimples, blackheads skin comedones (pimples) (acne)
• cover (hide) comedones (blemishes)
(acne, blemishes)
• removes oil
Counter creams *** • any reference to treatment
reduction) of cellulite (orange
peel skin)
• enhances (smoothes) (contours)
your silhouette
• lose inches, removes fat,
• reduces (controls) puffiness
(swelling0 (oedema)
• restructures skin
• slimming
• tighten (firm) sagging skin
(eyelids) (chin) (muscles)
Sun, suntan • gives skin a bronze • reference to • Helps protect (prevent) the skin
products, (suntanned) colour achieving your against burning (harmful effects
after -sun (appearance) (ie dyes)* darkest tan with less of UV rays0 (sunburn) (photo
treatments, • prevent (protects) against time in the sun. ageing)
sun drying effects of the sun • Tan enhancer • SPF number or sunscreen
protection, • moisturizer-type claims for (magnifier) category description
tanning after-sun moisturizing • Accelerates (speeds up)
acceleration creams (e.g. soothes (activates) suntan
moisturizes) skin after • Pre-tan (tanning) accelerator
tanning • reference to allowing you to
stay out in the x times longer
• screens (blocks) (filters) out
some of the sun's UV
(UVA/UVB/UVC) (harmful
rays)