Summary
Implements EU Directive 76/768/EEC on cosmetic product safety. Prohibits substances listed in Schedule 1, restricts substances in Schedules 2-5 to specific conditions, mandates detailed labeling (manufacturer details, expiry dates, ingredient lists, batch numbers), provides for Secretary of State authorisation of exceptions, and establishes criminal enforcement through the Consumer Protection Act 1987. Applies to all cosmetic products supplied in the UK with exemptions for exports and market research.
Reason
This is a classic EU pre-approval regime that embodies the regulatory burden post-Brexit Britain must shed. It creates Barriers to innovation through prohibited substance lists and concentration limits that cannot be modified without political process, imposing massive compliance costs on firms while delivering questionable safety benefits beyond what strict liability and simple truth-in-labeling would achieve. The regulation's prescriptive mechanisms—mandatory authorisations, specific formatting requirements, and criminal penalties—distort incentives, protect incumbent manufacturers from competition, and treat consumers as incapable of making their own risk assessments. As Mises and Friedman taught, consumers, not bureaucrats, should determine what products they wish to use; the market, through tort law, can adequately punish genuinely harmful products without this labyrinthine regulatory state.