DEADLINES IN COSMETICS

If you work with EU Cosmetics Regulation (EC) No 1223/2009, you’ve probably noticed that amendment regulations often contain two different deadlines:

📅 “From [date X], cosmetic products shall not be placed on the Union market.”

📅 “From [date Y], cosmetic products shall not be made available on the Union market.”

These two dates serve different legal and practical purposes.

🔹 First date = market entry cut-off
This is the earlier date.

From this point onward, new non-compliant products can no longer be:

• manufactured for EU placement,
• imported into the EU,
• or introduced into the EU supply chain for the first time.

👉 In other words: no new stock enters the market.

🔹 Second date = sell-through deadline
This is usually later.

It gives companies time to:

• exhaust existing inventory,
• withdraw stock gradually,
• reformulate products,
• update labels and documentation,
• manage logistics across distributors and retailers.

Until this second date, products already legally placed on the EU market before the first deadline may still continue circulating.

After the second date:
❌ retailers cannot sell them
❌ distributors cannot supply them
❌ online marketplaces cannot offer them
❌ the products must effectively disappear from the EU market

📌 Why does the EU use this system?

Because an immediate ban across the entire supply chain would create:

• massive product waste,
• disproportionate financial losses,
• supply chain disruption,
• and practical enforcement problems.

This is why understanding the difference between “placing on the market” and “making available on the market” is critical for regulatory compliance teams, importers, distributors, and retailers.

In EU cosmetics law, the timeline is often just as important as the substance restriction itself.

Photo source: AI ChatGPT