Navigating Cosmetic Regulations in Europe and Switzerland: A Comparative

Switzerland, though geographically in Europe, operates independently from the European Union (EU) in terms of regulatory frameworks. This article aims to elucidate the key distinctions between the EU and Swiss regulations for cosmetic products, providing valuable insights for manufacturers targeting both markets.

EU Responsible Person vs. CH Authorized Representative:

In the EU, cosmetic products necessitate an EU-based Responsible Person (RP) to ensure compliance, usually the importer unless otherwise designated. Conversely, in Switzerland, regulatory responsibility lies with the manufacturer and importer, with the option to appoint a Swiss Authorized Representative voluntarily. Notably, if a company already has an EU RP, a Swiss Authorized Representative may not be obligatory.

Labelling Requirements and Claims:

Switzerland deviates from the EU in terms of labelling requirements. While the country of origin is essential in the EU, it is not mandatory in Switzerland. Warnings and instructions must be translated into Swiss official languages, but English is presumed acceptable. Specificities in claims, especially for products labeled "made in Switzerland," and stricter criteria for distinguishing cosmetics from therapeutic and biocide products, exist in Switzerland.

CH In-Market Control by Cantonal Laboratories:

The EU mandates pre-market notification through the CPNP for cosmetic products, followed by cosmetovigilance responsibilities of the RP. In contrast, Switzerland relies on a self-monitoring system, with no pre-market notification. In-market control is conducted by cantonal laboratories, ensuring compliance with safety requirements.

Cassis de Dijon Principle and Exceptions:

Switzerland adheres to the Cassis de Dijon principle, allowing goods compliant with EU law to enter without additional controls. However, exceptions exist, notably regarding furocoumarines in cosmetics, demonstrating Switzerland's regulatory autonomy.

Chemicals:

While the EU follows the REACH Regulation for chemicals, Switzerland employs the Chemical Risk Reduction Ordinance (ORRChem) with bans and restrictions on hazardous chemicals. Notably, Swiss authorities impose fees on certain Volatile Organic Compounds (VOCs), including cosmetic ingredients like Benzyl alcohol, Limonene, and Acetic acid, promoting environmental protection.

Conclusion:

For those planning to sell cosmetics in Switzerland, a comprehensive understanding of the regulatory nuances is imperative. Navigating differences in Responsible Person roles, labelling requirements, in-market control mechanisms, and chemical regulations ensures full compliance with both EU and Swiss regulatory landscapes.