Alcohol-Based Hand Gels. Cosmetic Products?
Following the spread of the Covid-19 pandemic caused by the SARS-CoV-2 virus, the consumption of alcohol-based disinfecting and sanitising hand gels increased exponentially.
Just by turning on the TV or watching a video on Instagram or Facebook, it became clear that one of the main recommendations issued by governments was to pay special attention to hand hygiene and to use alcohol-based hand gels.
Many cosmetic manufacturers therefore decided to devote part of their production capacity to these products, both to contribute during the emergency and to cope with a sudden stop in ordinary orders.
However, both good intentions and commercial opportunities collide with the rules set by the legislator, who aims to bring order to the jungle of definitions and borderline products that may fall into different product classes.
It is therefore important to identify the substantial differences between the product classes involved:
On one side we have cosmetic products, which according to the Regulation may be “applied to the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or to the teeth and oral mucosa” and may perform the following functions:
- Cleansing
- Perfuming
- Changing the appearance
- Protecting
- Keeping in good condition
On the other side we have biocides, regulated by Regulation (EU) No 528/2012, defined as:
“any substance or mixture, in the form in which it is supplied to the user, consisting of, containing or generating one or more active substances, with the intention of destroying, deterring, rendering harmless, preventing the action of, or otherwise exerting a controlling effect on any harmful organism by any means other than mere physical or mechanical action.”
From these definitions it follows that the sanitising / disinfecting action belongs to biocides, not to cosmetics.
How is it then possible that alcohol-based hand products are placed on the market as cosmetics?
The interpretation of the legislation allows the “hygienising” action to be claimed as an ancillary effect to cleansing.
It is therefore essential that labels do not contain statements referring to a disinfecting action, which clearly belongs to the biocidal category.