On 17 May 2023, the Ministry of Home and Family Welfare (“MoHFW”) issued the draft Cosmetics Amendment Rules, 2021 (“Amendment Rules”) for amending certain provisions of the Cosmetics Rules, 2020 (“Cosmetics Rules”). The Amendment Rules are open for public comments till 1 July 2023. Primarily, the Amendment Rules clarify the regulatory regime on licenses, labelling requirements and expiry date of cosmetic products. This note aims to analyse the substantive changes which have been brought under the Amendment Rules.
Some of the major amendments proposed under the Amendment Rules are as follows:
The Amendment Rules provide much-needed clarifications and changes to the newly enacted Cosmetics Rules. For example, adherence to the labelling requirements of the importing country makes it comparatively less burdensome than having dual requirements. Further, clarifications of the terms ‘use before’ and ‘date of expiry’ are essential to avoid any ambiguity. The Amendment Rules also unfold the crucial recourse of appeal to state authorities against any order of suspension and cancellation of license. Hence, in effect, it is a welcome move towards a position of strong certainty for implementation of the Cosmetics Rules.
Please reach out to Praveen Raju and Renuka Abraham for queries.
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