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NON- PERMISSIBLE COSMETICS CLAIMS. BY ANIS TALIB NATIONAL PHARMACEUTICAL CONTROL BUREAU . INTRODUCTION.
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NON- PERMISSIBLE COSMETICS CLAIMS BY ANIS TALIB NATIONAL PHARMACEUTICAL CONTROL BUREAU
INTRODUCTION • The Non-Permissible Claims List is designed to help the cosmetic industry to comply with the Malaysian cosmetic regulatory requirements and other applicable legislation and regulations namely the Sale of Drugs Act 1952. • The list is intended to provide examples covering the most common range of cosmetic claims and is NOT an exclusive or exhaustive listing.
DEFINITION • A “Cosmetic product” shall mean any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.
The definition specifies six (6) functions pertaining to cosmetic products, namely: 1. to clean 2. to perfume 3. to change the appearance 4. to correct body odours 5. to protect 6. to keep in good condition. • Skin, hair, teeth and includes soaps, toilet preparations, antiperspirants, deodorants and perfumes.
CHARACTERICTICS OF COSMETICS VS DRUGS • The cosmetic context has the typical characteristics of: • Temporary action • Improvement of the appearance of the skin • To be used regularly to maintain the effect • The effect is aimed at grooming and enhancing the appearance of the skin texture.
The medicinal context has the typical characteristics of : • Permanent or drastic effect after completion of a treatment • Healing or curative aspects • To be used restrictively because of the potency of the treatment. • The effect is aimed at treatment of or relieving a disease condition
IS IT COSMETIC ? • Products are determined to be either cosmetics or therapeutic goods based on the following factors: • It conforms to the definition of a cosmetic • It must possess at least one of the stated purposes • It is not EXCLUSIVELY intended to protect from disease.
IS IT COSMETIC ? • The balance of claims must tend towards cosmetic • The ingredients and its level used must adhere to the list of permitted/restricted ingredients • Its complies generally with the remainder of the Regulations, labeling etc.
ACCEPTABLEVSUNACCEPTABLE CLAIMS 1. A claim can be a word, a sentence, a paragraph or simply an implication 2. A cosmetic cannot have a specific claim for alleviating, treating, curing or preventing a disease or symptoms of a pathological condition.
3. The Non-Permissible Claims List contains claims that are clearly unacceptable for a cosmetic. 4. The examples in the List should only be used as a guide and are not to be taken as the final authority
EXAMPLE 1 :Type of acceptable and unacceptable claims for aging & wrinkle products
EXAMPLE 2 :Type of acceptable and unacceptable claims for acne, pimple, blackheads, comedones products.
EXAMPLE 3 :Type of acceptable and unacceptable claims for hair care products
EXAMPLE 4 :Type of acceptable and unacceptable claims for contour creams products.
EXAMPLE 5Types of acceptable and unacceptable claims for sun, suntan products.
EXAMPLE 6Types of acceptable and unacceptable claims for skin (moisturizers)