Purchasing cosmetic products

Important to know  

• There must be information that makes you understand the purpose of the product and how it should be used safely.

• You have the right to complain if there is something wrong with the product.

• Cosmetic products are usually classified as hygiene products. This means that you do not have the right of withdrawal if you have broken the seal.

• What is said in the marketing of a product must be true.

The product must be safe

Cosmetic products must be safe. They must not be harmful in normal use. Within the EU there are rules to ensure this. In addition, there are supplementary rules in Sweden.

The products are not reviewed or approved by any authority before they are released to the market. It is the person who sells or provides the product who is responsible for ensuring that all rules are followed.

If you buy cosmetic products from a webshop, it can be good to be extra vigilant. It is not certain that the products meet the requirements within the EU regarding content, labeling and manufacturing.

Content

The content must always have been deemed safe before the product is released on the market. There is no requirement that all substances must be approved, but some substances might be prohibited or have restricted use.

All substances found in the product must be included in the list of ingredients.

Marking

According to EU regulations, cosmetic products must have certain labeling. Through the label, you must be able to understand the purpose of the product and how it should be used in a safe manner.

Almost all labeling must be on both the packaging and the product itself.

A certain part of the labeling must also be in Swedish. Those parts are:

• content measure

• reference to shelf life

• precautions for use

• the function/purpose of the product.

It is essentially the person selling the product who must ensure that the labeling is present and correct. The same rules apply to cosmetic products that are given away for free.

Manufacturing

Cosmetic products must be manufactured according to good manufacturing practice (GMP). GMP is short for Good Manufacturing Practice, in Swedish good manufacturing practice.

Manufacturing according to GMP means, among other things, that:

• the manufactured product must meet the requirements that the legislation and the manufacturer place on the product, so-called acceptance criteria.

• documentation must exist throughout the manufacturing process to ensure traceability.

• working methods must be in place to avoid confusion between different raw materials and end products.

No exceptions to GMP

All manufacturers of cosmetics who will sell or give away their cosmetic products must follow GMP. There are no exceptions for small businesses or for products with natural ingredients.

Imported cosmetics

Whoever imports cosmetic products from countries outside the EU/EEA must ensure that the products have been manufactured according to GMP.

About cosmetics on the Swedish Medicines Agency website

Cancel the purchase

You may have the option to cancel your purchase. However, there is a difference if you buy the product in a store or on the internet.

Buying in a shop 

For items purchased in person in a shop, you will not have any statutory right of withdrawal. It is common for retail shops to offer a satisfaction guarantee with possibility to return the goods for an exchange or a refund. There is however no law requiring shops to offer money back terms or a consumer's right to exchange the product. 

Shopping online 

The right of withdrawal applies when you have made a purchase via a distance/off-premises sale, for example at a website on the Internet. The “cooling-off period” during which you can exercise a right of withdrawal is normally 14 days and applies throughout the EU. 

Keep in mind that cosmetic products are usually classified as hygiene products. This means that if you have broken the seal you lose any statutory withdrawal you might have had. 

If you have a right of withdrawal, you can contact the company within two weeks of receiving the product and inform them that you are cancelling your purchase. Do this in writing, for example by e-mail, and retain a copy. If the company has not given you the correct information about your right of withdrawal, this right can be extended for up to one year. 

Further information about the right of withdrawal 

What happens if the product is faulty? 

If there is a problem with the product, you have the right to make a consumer complaint and claim redress. Making a consumer complaint means that you are requesting a remedy to the problem. You must be able to show that there is a fault with the product. 

In order for the company to be legally required to provide you with a remedy, the fault or malfunction must be regarded as an original defect. An original defect is one that existed when you purchased or first received the product. If the product has an original defect, the company is subject to the legal obligation to rectify the problem and make it right. When it comes to cosmetics, the most common solution is to give you a new product. 

If you are seeking a remedy, it is important that you notify the company within two months of detecting the problem. If you wait longer, you risk losing your right to make a claim and demand a remedy from the company. 

Further information about how to lodge a consumer complaint regarding a faulty product 

If you have had an allergic reaction

The Swedish Medical Products Agency is the governmental authority with primary responsibility for cosmetics. Cosmetic products are meant to be safe to user, but can sometimes they can trigger an allergic reaction and lead to hypersensitivity. It is primarily the presence of certain chemical substances in the contents that can cause contact allergic reactions. 

The fact that you are sensitive or have an allergic reaction does not necessarily mean that there is something faulty with the product. However, it may be a faulty product if the cosmetic contains an unauthorised or impermissible ingredient or if the list of ingredients is incorrect or even unclear. 

Read more and report problems on the Swedish Medicines Agency's website 

Subscription for cosmetic products 

There are companies that offer subscriptions to cosmetic products.

Before entering into an agreement, it is important to read the terms and conditions:

• What are you getting?

• How often do you receive delivery?

• How much does it cost?

• Is there a binding period and a notice period?

There can be a notice period for both subscriptions that are valid until further notice and fixed-term agreements.

If you want to terminate the agreement, it is good to do so in writing, for example via email. You are the one who must be able to show that you canceled it and when.

If you want to use your right of withdrawal, you must do so within 14 days of receiving the first delivery.

Further information about the right of withdrawal 

The subscription can be renewed automatically

Subscription agreements may sometimes contain terms that automatically renew the subscription unless you cancel it. There are rules in the Consumer Protection with Automatically Renewing Contracts Act relating to how an auto-renewal of a consumer agreement (evergreen contracts) must be made in order for it to be valid: 

• The contract must include a clause stating that unless notice to terminate the contract is given, it will be automatically renewed. 

• The company is under an obligation to remind you of this in writing at least one month before the contract is to end. 

If there is no such provision or the company does not remind you in time, you have the right to cancel the contract immediately.

Exceptions to the requirement of a written reminder 

If you have a contract that can be terminated within three months, the company does not need to inform you. This could be, for example, when your subscription is renewed for one month at a time. 

Further information about automatic contract extensions 

Request the assistance of ARN if you can’t arrive at a mutually agreed solution with the company 

If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).

ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.

A normal processing time is approximately six months.

What does it cost to file a complaint with ARN?

It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favor.

Requirements for ARN to consider your case

• The company has either rejected your claims or has not responded within a reasonable time.

• The amount you and the company are in dispute about is more then ARN's value limitations (different value thresholds apply for different fields). You cannot include the application fee to ARN.

• You file the complaint within one year from the first time you complained to the company.

Submit a complaint on ARN's website

Would you like assistance in preparing your complaint? 

The municipality’s consumer adviser may be able to assist you in submitting an application to ARN. 

Your dispute with the company can also be taken to a district court by filing a lawsuit, but there will be costs involved in this. as you will need to pay a filing fee and may also have to pay court costs. 

Supervision of cosmetics

Secure products and content

Cosmetic products are covered by different legislation that applies in parallel. Supervision is shared by several authorities.

Läkemedelsverket, the Swedish Medical Products Agency 

The Swedish Medical Products Agency is responsible for specific rules for cosmetic products.

Notify the Swedish Medical Products Agency if you suspect that a product does not comply with the rules (In Swedish)

Kemikalieinspektionen, the Swedish Chemicals Agency

The Swedish Chemicals Agency (KEMI) is responsible for general rules regarding chemical products. The rules for chemical products mean, among other things, that the products must not contain substances that are prohibited or must not be present above certain levels.

More about cosmetic products and regulations on the KEMI website (In Swedish)

Notify KEMI if you suspect that a product does not comply with the regulations

Regulatory rules concerning cosmetics marketing

There are rules on how marketing may be presented and what can be claimed in advertising is governed by detailed regulations. The Swedish Medical Products Agency and the Swedish Consumer Agency share responsibility for the regulatory activities relating to cosmetics marketing. 

Läkemedelsverket, the Swedish Medical Products Agency 

When it comes to marketing and claims directly linked to the cosmetic product, the Swedish Medical Products Agency has the principal responsibility. For example, it is not permissible to claim that the product can cure skin problems, while however it is permissible to market it as a skin softener. 

Further information about marketing rules on the website of the Swedish Medical Products Agency  

You can register a complaint about apparently impermissible marketing practices to the Swedish Medical Products Agency.

Report problems or concerns on the website of the Swedish Medical Products Agency  

Cosmetics intended for children 

Cosmetic products marketed to children must be specifically adapted for children. Examples include softening skin creams, wet wipes, soaps and toothpastes. If you feel the product is not suitable for children, you can report your concerns to the Swedish Medical Products Agency. 

Further information about cosmetics for children on the website of the Swedish Medical Products Agency  (In Swedish)

The Swedish Consumer Agency

If however the marketing is misleading or otherwise problematic according to the Marketing Act, you can report this to the Swedish Consumer Agency. A complaint filed with the Swedish Consumer Agency does not mean that you will receive help in your particular case, but it might help other consumers in the future. 

Submit a complaint to the Swedish Consumer Agency