The mandatory standard for ingredients labelling on cosmetics and toiletries came into effect on 31 October 1993 and was last amended 23 May 2008. It covers labelling for cosmetics and toiletries.
Under the mandatory standard, cosmetic and toiletry products are substances or preparations intended for placement in contact with any external part of the body, including the mouth and teeth, for the purpose of:
altering the odours of the body
changing the appearance of the body
cleansing the body
maintaining the body in good condition
perfuming the body
protecting the body.
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) also has a cosmetic standard that you can view on the NICNAS website.
Ingredient labels that are missing or inaccurate can expose consumers to ingredients that may cause allergic reactions. Such allergic reactions could be harmful to consumers with chemical sensitivities.
in relation to goods - (including re-supply) by way of sale, exchange, lease, hire or hire-purchase and
in relation to services - provide, grant of confer.
This mandatory standard applies to anyone in the business of supplying cosmetics and toiletries, including:
manufacturers
importers
distributors
retailers
hirers.
To allow for staggered implementation, there are some cases where a mandatory standard or ban prescribes different compliance dates for the manufacturing, importing and supply of a product. Manufacturers, importers and distributors should check for this detail in the mandatory standard before embarking on production, importation or distribution of these goods.
Suppliers can face heavy fines and product recalls if the cosmetics and toiletries they supply do not follow the mandatory standard for ingredient labelling. For more details, view Penalties and consequences
Product ingredient information should be available to consumers at the point of sale.
The listing of product ingredients is required on the container or on the product itself, if not packed in a container.
Where the container or the product is of a size, shape or nature that prevents ingredient labelling by any of the above methods, the mandatory information standard requires the display of information to allow consumers to be informed.
The labelling of ingredients on cosmetics and toiletries such as make-up, deodorant or moisturiser usually appears on the packaging or outer casing of the product for consumer knowledge.
When listing ingredients, the ingredients need to appear in descending order calculated by either mass or volume.
Alternatively, the mandatory standard allows for the listing of ingredients in the following way:
ingredients (except colour additives) in concentrations of 1 per cent or more in descending order by volume or mass
followed by ingredients (except for colour additives) in concentrations of less than 1 per cent in any order
followed by colour additives in any order.
The mandatory information standard does not require the listing of the quantity or percentage of each ingredient.
While the standard does not require testing, before suppliers can label cosmetics and toiletries accurately, they need to establish that the volume or mass is correct.
Lenan Corporation mislead consumers to believe that its 'Organix Ever Straight Brazilian Keratin Therapy' range of products did not contain any formaldehyde, sodium or sulphates when that was not the case.
Privity, trading as Haircare Australia, misrepresented to consumers that its Brazilian Blowout hair straightening products did not contain any formaldehyde when that was not the case. Independent testing found formaldehyde levels to be 50 times greater than the safe limit.
Natural Green Pty Limited—24 Hour Time Release Cream with Placenta & Vitamin E failed to comply with the mandatory standard for cosmetics and toiletries—ingredients labelling.
Natural Beauty Enterprise Pty Ltd—Pearl Cream with Vitamin E failed to comply with the mandatory standard for cosmetics and toiletries—ingredients labelling.
The Reject Shop Ltd—unsafe children's toy Knights Playset failed to comply with the mandatory standard for toys containing accessible materials with a lead migration of more than 90 milligrams per kilogram. A cosmetic product that did not have ingredients listed on the product container or located at the point of sale failed to comply with the cosmetics and toiletries—ingredients labelling mandatory standard.
Look Direct International Pty Limited—Tattoo Gel Pens 6 Pack did not comply with the mandatory standard for cosmetics and toiletries—ingredients labelling.
Natural Products of Australia Pty Ltd (Natural Instinct)—some hair and skin care products may have breached sections 52, 53(a), 55 and 65D of the Trade Practices Act 1974 (the Act) in the labelling of some of its products and in brochures.