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CBD cosmetics are bursting onto the beauty products market. Moisturisers, serums and eye creams with cannabidiol are making their way onto cosmetics brands’ shelves. The cannabis cannabinoid without psychoactive effects, credited with anti-inflammatory, soothing and moisturising properties , is one of the latest trends in the cosmetics industry. The Body Shop was one of the first cosmetics brands to include this type of product in its catalogue, followed by brands such as Sephora and Quinque. Major skincare companies already distribute these new cosmetic products, and some even produce them under their own label. But what do you need to know to sell CBD cosmetics legally in Spain? Here is a roadmap of what to look out for when distributing these cannabidiol creams without breaking any rules.
Registering CBD cosmetics in Spain
The first thing to do when selling a CBD cosmetic in Spain is to make a responsible declaration and register the product at national and European level. This is required by the Spanish Agency of Medicines and Medical Devices (AEMPS), which would regulate this market in Spain. According to the AEMPS itself, the cosmetic would have to be registered on the European Cosmetic Products Notification Portal (CPNP). Both the company responsible for producing each cosmetic product and the company responsible for distributing it (if different) must provide the necessary and sufficient information to certify the ingredients and their legality. Remember that in Spain the AEMPS considers cannabis resin, extract and tincture to be on List I of the 1961 Single Convention on Narcotic Drugs and therefore subject to international control. On this basis, and since CBD is mostly extracted from the flowering part of the cannabis plant, only cosmetics made from the uncontrolled parts (seeds and leaves) could be legally produced in Spain. Of course, this does not prevent CBD cosmetics produced in other countries where the production and extraction of cannabidiol is permitted, such as the Czech Republic, from being sold in Spain. This free trade in CBD products was confirmed in November 2020 by the Court of Justice of the European Union, which handed down a ruling stating that “a Member State may not prohibit the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds”.
Registering CBD cosmetics in Europe
As a Member State, it is essential to register the CBD cosmetic product with the European Commission, as established in January 2012. At that time the European Commission launched the Cosmetic Products Notification Portal (CPNP). This digital tool was created to make it easier for the cosmetics industry to submit information to the European Commission on cosmetic products placed on the European market. Although the system was created by the EU in 2012, products sold in Member States before that date must also be registered on the online portal. Once registration has started, you must attach the information on the product’s ingredients, as well as the labelling and a photograph of the packaging of the cosmetic. It is important to know that this control mechanism, created among other things to deal quickly and effectively with possible poisonings from the use of a product, involves the “responsible person” for the product and the “distributor”. Let’s look at the differences between them and why both are obliged to notify the CPNP that the cosmetic is being sold.
Who is the responsible person?
The responsible person for a cosmetic product is the person in charge of ensuring compliance with the established obligations. When the product has been produced in Europe, the producing company itself will act as the responsible person and ensure compliance with the rules. However, when the cosmetic product has been made outside the European Union, a responsible person within the EU must be designated. In this case there would be two other possible responsible persons: the person who imports the product into the European Union, or the person who distributes that imported product in the EU
What is meant by distributor?
The distributor is the person responsible for marketing a product in a given EU country, but produced in another EU country. In this case, the person responsible for marketing the product in that country will be the distributor. Distributors are those who sell a cosmetic already marketed in another member state and translate or modify its labelling to comply with national law. They are also obliged to notify the European Commission of the existence of the product.
Do you need legal advice?
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