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Written by Cosmoally Team   •  16-Aug-2020  • Cosmetic

Cosmetic Registration in India: What is the difference between Legal and Actual Manufacturer?

The cosmetics market share has been increasing exponentially globally. Cosmetics are changing the way in which a person can enhance his or her look and make the product instantly attractable among everyone through television or online promotion. Most consumers use personal care and cosmetic products every day to improve their appearance, enhance their well-being and boost their self-esteem. Cosmetic products range from antiperspirants, fragrances, powders, and shampoos, to soaps, sunscreens and toothpastes, Everyone want to look beautiful and glamorous, so cosmetics have both functional and emotional benefits in our life. The cosmetics industry is a fast-paced and highly innovative sector scientifically driven, making a significant economic and social contribution to national and regional economies worldwide.

Considering the globalization of Cosmetics, cosmetic regulatory compliance with international regulations is the first step towards ensuring that they are safe for humans and the environment. Cosmetic Businesses subsequently create or re-develop products that meet the ever-changing expectations of consumers of international markets. From manufacturers to importers, the cosmetic industry must be able to adapt to a constantly changing framework. There is a lot of confusion regarding the actual and legal manufacturer before registering for a cosmetic product in India. Let’s dig deep into the meaning of the actual and legal manufacturer of cosmetics.

Who can apply for the Registration of Import of Cosmetics?

  • The Cosmetic manufacturer having registered office in India.
  • The Authorised agent of the cosmetic Manufacturer
  • The Subsidiary of the cosmetic Manufacturer
  • Importer of the cosmetic

What is a Legal Manufacturer of Cosmetics?

A “Manufacturer” means a person or entity in a Country other than India who owns the trade name of the brand of the cosmetic product for which registration has been applied for and who manufactures cosmetic product at his own manufacturing site or at a site owned by another manufacturer in the trade name of his brand. 

 What is an Authorized Agent?

An “Authorized Agent” means a person or entity in India authorized by the cosmetic manufacturer. According to cosmetic regulations in India for the registration of cosmetic product in india, Foreign manufacturers must have an authorized agent or legal manufacturer who will act on behalf of the actual manufacturer and the point of contact for all regulatory processes.

What is a Subsidiary?

“Subsidiary” means an entity in India owned by the manufacturer.

What is Importer of cosmetic?

Importer means any person or entity who import cosmetic products other than the manufacturer, its authorized agent and its subsidiary.

A legal manufacturer has the responsibility for the cosmetic product before it comes in the market under his own name, regardless of whether the operations are carried out by the entity or someone else. So it might help to think of it more in terms of who is doing what with respect to the cosmetic itself in terms of being the legal manufacturer, as opposed to what they’re called and where they’re located. A single party may fulfil one or more of these roles, e.g. a manufacturer may not only distribute the products it manufactures but it may also act as a distributor of devices from a different manufacturer.

Are you thinking of entering Indian Cosmetic market and are confused how to do the cosmetic import license in India? You are at the right place. CliniExperts can help you. We can act as your authorized agent in India.

References:

  1. Guidelines on Registration of Import of Cosmetics. Available at: https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdfdocuments/cosmetics/Guidelines_on_Registration_of_Import_of_Cosmetics.pdf.Accessed on: 13.07.2020.

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