1. Cosmetics & Supplements
    1. How are cosmetic products classified in your jurisdiction and what key national laws/regulations apply?  
    2. Does the law in your jurisdiction place restrictions on particular substances in cosmetic products?
    3. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic products and their safety placed on the market?
    4. Does the law in your jurisdiction require cosmetic products to adhere or pass certain safety assessment standards?
    5. Are there any packaging requirements for cosmetics in your jurisdiction? What information must be included on packaging? 
    6. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic products i.e., advertising regulations?  
    7. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?
    8. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform?
    9. Supplements are often used alongside cosmetics as part of an everyday beauty routine. What is a “supplement” product classified as in your jurisdiction and what key regulations apply?  
    10. Do the regulations in your jurisdiction specify what can and cannot be put in supplement products? If so, what are some examples of these restrictions?
    11. Does the law in your jurisdiction require a person or entity to be responsible for the supplements and their safety placed on the market?
    12. Does the law in your jurisdiction require supplements to adhere or pass certain safety assessment standards? If so, are there any exceptions/particular extra requirements for certain products?
    13. Does the law in your jurisdiction require the responsible entity to keep records in relation to supplements made available to customers? If so, what are these records?
    14. Are there any labelling or packaging requirements for supplements in your jurisdiction? What information must be included on the labelling/packaging? 
    15. Is the advertising and promotion of supplements allowed in your jurisdiction? If so, under what conditions? Are there any specific requirements or regulations for advertising and promotion?
    16. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regards to the supply of supplements.
    17. Do you expect any future developments in this field in your jurisdiction i.e. key areas of reform?
  2. Beauty devices
    1. Does your jurisdiction regulate cosmetic devices separately from cosmetic products?
    2. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic devices and their safety placed on the market?
    3. Does the law in your jurisdiction require cosmetic devices to adhere or pass certain safety assessment standards?
    4. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic devices i.e., advertising regulations?  
    5. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?
    6. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 
  3. Cosmetic (non-surgical) services 
    1. Is the administration of any/all of the cosmetic (non-surgical) services above regulated in your jurisdiction?  If so, what national laws apply?
    2. Are there any rules in your national law which prevent an individual under the age of 18 (or other age as relevant) from receiving a particular non-surgical cosmetic service?
    3. Is botulinum toxin (BT) a prescription only drug in your jurisdiction? If so, who can prescribe BT in your jurisdiction i.e., what expertise or qualification is required to prescribe and/or administer BT?
    4. Does the (national) law require that businesses and/or practitioners administering these services register with a centralised body? Does this centralised body responsible handle complaints in relation to non-surgical cosmetic services?
    5. Please set out at a high level the key enforcement mechanism and/or consequences for non-compliance in relation to the regulations discussed above. 
    6. Are there any national laws or regulations which are relevant to the advertising of non-surgical cosmetic services? If so, are third party booking platforms which allow consumers to book non-surgical cosmetic services also caught by these advertising laws or regulations?
    7. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

Cosmetics & Supplements

1. How are cosmetic products classified in your jurisdiction and what key national laws/regulations apply?  

The main regulation in the UK is Assimilated Regulation (EC) 1223/2009, the UK Cosmetic Products Regulation (the ‘UK Regulation’) (as amended by the SI 2019/696 Product Safety and Metrology etc (Amendment etc) (EU Exit) Regulations 2019).

The definition of a cosmetic product under the UK Regulation comprises three parts: a function, field of application, and product composition.

  • The UK Regulation specifies 6 functions including to clean, perfume, change appearance, protect etc.
  • The field of application relates to external parts of the body e.g., skin, hair, nails, teeth etc.
  • A cosmetic product may be a substance or mixture of a number of substances, and it may come in one or more than one part to be combined by the user.

All three parts must be present for the definition to be satisfied.

Exclusions:

Products that are intended to be ingested, inhaled, injected or implanted are not classified as cosmetic products. For example, aromatherapy products not intended for use on the skin would not be classified as a cosmetic product. Products which are ingested but claim to have “cosmetic benefits” i.e. improving skin, hair and nails, would likely fall under the food supplement regime.

Borderline products:

There is also the category of products which are difficult to categorise as medicinal products, medicines, cosmetics, food supplements or biocidal products. Determining the status of such products is important to work out which regulation applies; it may even be the case the product, due to producing multiple functionalities, may be subject to multiple regulatory frameworks. As the product’s classification is taken on a case-by-case basis, specific legal advice should be sought for such borderline products.

Medicinal products:

The law defines differently “cosmetic” products and “medicinal” products.

Medicinal products are those which are presented as having properties for treating or preventing disease in human beings or which may be used/administered with the view to restoring, correcting or modifying physiological function (pharmacological immunological or metabolic action). In other words, those which are intended to be used in a medical context. Such products would require marketing authorisation from the Medicines and Healthcare products Regulatory Agency (MHRA), who would determine if a product is medicinal.

For example products to treat/prevent or fight spots and acne are medicines as these are all adverse medical conditions. However, depending on the product’s presentation, claims that the product is intended to be used solely to conceal spots/acne will generally mean some products will be regarded as cosmetic products.

Shampoos may be cosmetics or medicines, depending on the constituents and the claims being made. Those mainly intended for hygiene, or are for anti-dandruff, are likely to be cosmetic products. However, if the claims are for the alleviation or treatment of itchy scalp, or dermatitis, then the product would fall to be a medicinal product as it suggests that an underlying medical condition exists.

2. Does the law in your jurisdiction place restrictions on particular substances in cosmetic products?

Articles 3 and 10 of the UK Regulation state the product must be safe for human health when used under normal use (i.e. the direct intended use of the product) or for reasonably foreseeable conditions of use. As an example, a lipstick should be safe to apply to human lips, as well as if the product is smudged onto the teeth/gums (an unintended consequence of using the product, but a reasonably foreseeable condition of use).

Annexes 2 to 6 list out prohibitions and restrictions on individual ingredients, and how they may be used in cosmetics. For example, Annex 2 prescribe what substances are prohibited in all cosmetics. Notably, Annex 2 includes retinoic acid, which retinol contain a lower concentration of.

Annex 3 details ingredients which may only be used subject to the restrictions specified in the annex. For example, it specifies a variety of restrictions on the concentration of certain chemicals permitted in products for home use and for professional use. Teeth whitening products which contain or release between 0.1%-6% hydrogen peroxide are only available for professional use. Products containing or releasing less than 0.1% hydrogen peroxide are deemed safe for home use.

Annexes 4 to 6 also list out those colourants, preservatives and UV filters which may be used. If colourants, preservatives, or UV-filters are being used, any restrictions or prohibitions which apply must be followed. This is a positive list, meaning only substances listed in Annex 4Annex 5 or Annex 6 may be used.

Incoming amendments:
On 10 April 2024, the UK also notified the World Trade Organization of its intentions to amend Annex 3 of the UK Regulation. Of the amendments, Kojic Acid is to be added to Annex 3 (i.e. within the list of restricted substances). This acid, a by-product in the fermentation process of malting rice, is often used in cosmetics to lighten visible sun damage, age spots or scars. The amendment will mean Kojic Acid will only be allowed up to a maximum concentration of 1% in face and hand products.

3. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic products and their safety placed on the market?

All cosmetic products available to consumers on the GB market must have a ‘Responsible Person’ in the UK who makes sure safety measures are followed and legal obligations within the UK Regulation are met (Article 4). If they believe a cosmetic product falls short of meeting the UK Regulation’s requirements, the Responsible Person can either take corrective actions to bring the product back into compliance, withdraw it from the market or undertake a recall of the product.

A Responsible Person can be either:

  • the manufacturer,
  • the importer,
  • the distributor, if they label the product as their own (for example, using their brand name), or
  • an appointed company or person (who is named by the manufacturer or the importer).

4. Does the law in your jurisdiction require cosmetic products to adhere or pass certain safety assessment standards?

Under Article 3 of the UK Regulation, before being placed on the GB market, the cosmetic product must be deemed safe for human health when used under normal or reasonably foreseeable circumstances.

This safety assessment should take the form of a Cosmetic Product Safety Report (CPSR) signed by a qualified safety assessor. The CPSR provides evidence of how the product is safe for its intended cosmetic use and takes account of reasonably foreseeable use. In addition, a specific safety assessment is required for cosmetic products intended for use on children under the age of three, and for cosmetic products intended exclusively for use in external intimate hygiene. Formulation and transparency tests are also required before launch.

5. Are there any packaging requirements for cosmetics in your jurisdiction? What information must be included on packaging? 

Article 19 of the UK Regulation sets out the labelling requirements. The cosmetic product must:

  • not be mistaken for food;
  • have clear labelling; and
  • have instructions on use and disposal.

The labelling for cosmetic products must be easy to read. The container and any packaging must be labelled with:

  • the name and address of the Responsible Person;
  • the country of origin if the product is imported to the UK;
  • the weight or volume;
  • the date which the cosmetic product can be used until;
  • any precautions for use;
  • an identification number (for example batch number);
  • what the cosmetic product does; and
  • the ingredients - these can be provided solely on the packaging. Note that nanomaterial ingredients must be followed by ‘(nano)’.

It may not be practical to include precautions and ingredients for certain cosmetic products, for example due to available space on packaging. If this is the case, it is important to include this information within the packaging, for example on a leaflet. A symbol should be used to indicate where this information is.

Consider also any new recycling / plastic packaging claims that may be relevant at the time of developing the cosmetic packaging.

6. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic products i.e., advertising regulations?  

There are specific rules directed at cosmetic products.

The Advertising Standards Agency has published rules within Article 11 and Article 12 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). At a high level these require that:

  • Objective claims be backed by evidence, sometimes scientific evidence (e.g. for reversal of hair loss);
  • Consumers should not be encouraged to use a product to excessively; and
  • Unqualified claims such as "cure" and "rejuvenation" are unlikely to be acceptable.

Article 20 of the UK Regulation also requires that in the marketing of cosmetic products, every Responsible Person must ensure that the wording of any claim in relation to a cosmetic product does not imply that the product has a characteristic or function which it does not have.

Further related product claim restrictions are also contained in:

the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (which implemented the Unfair Commercial Practices Directive (Directive 2005/29/EC)); and

the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276, implementing the EU Misleading and Comparative Advertising Directive (Directive 2006/114/EC).

7. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?

The Cosmetic Products Enforcement Regulations 2013, SI 2013/1478 establish the enforcement powers in the UK. Under this regulation, the UK Government Department for Business, Energy and Industrial Strategy and its sub-department OPSS are the UK competent authority for implementing the legislation for cosmetic products. The enforcement authority in the UK is the Trading Standards.

Article 25 of the UK Regulation requires competent authorities to request the Responsible Person to take corrective action over a product that does not comply with the Regulation.

  • A competent authority must request that the Responsible Person takes all appropriate measures, proportionate to the nature of the risk where there is certain non–compliance including corrective actions aimed at ensuring compliance, or withdrawal or recall, within an expressly mentioned time limit.
  • If the Responsible Person does not take the measures within the time limit, or where immediate action is necessary to prevent serious risk to human health, the competent authority must take all appropriate measures itself to stop the product going on the market, or to withdraw or recall products already on the market.
  • Competent authorities have all the powers they need to prevent any further distribution or sale of the product if the Responsible Person is not taking the necessary actions.

Article 26 of the Regulation requires competent authorities to take corrective action over a product that does not comply with a distributor's responsibilities under the UK Regulation, in a similar way to Article 25.

Article 27 of the UK Regulation allows an enforcement authority to take direct provisional action where there is a serious risk to human health, or there are reasonable grounds for concern. An enforcement authority must obtain authorisation from the Secretary of State before taking any provisional measures.

Under the Cosmetic Products Enforcement Regulations 2013, breach of the UK Regulation could result in a fine of up to £20,000, or imprisonment up to 12 months, or both.

8. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform?

In the EU, incoming changes (enforced by the Scientific Committee of Consumer Safety) will mean there will be a 0.3% retinol limit for leave-on and rinse-off skincare products, and a 0.05% cap for body care products. Currently, the top available concentration is 1%.

Though this directly impacts only those states in the EU, the UK may feel its effects as many companies are unlikely to create specific formulations for products it distributes in the UK.

The changes are due to come in from 1 November 2025.

9. Supplements are often used alongside cosmetics as part of an everyday beauty routine. What is a “supplement” product classified as in your jurisdiction and what key regulations apply?  

Food supplements are defined as any food the purpose of which is to supplement the normal diet and which is a concentrated source of a vitamin, mineral or other substance with a nutritional or physiological effect, alone or in combination, and that is sold in dose form (pursuant to the Food Supplements Regulations).

General food law is also applicable to supplements (for example, regarding food safety, hygiene, traceability, food packaging), as is food advertising and marketing rules. Other, specific food related legislation may be applicable depending on the composition of the supplement, for example, regarding novel foods, additives, foods of animal origin, GMO, sweeteners).

There is the following legislation specific to supplements:

  • England:
    • The Food Information Regulations 2014
    • The Food Supplements (England) Regulations 2003
  • Scotland:
    • The Food Information (Scotland) Regulations 2014
    • The Food Supplements (Scotland) Regulations 2003
  • Wales:
    • The Food Information (Wales) Regulations 2014
    • The Food Supplements (Wales) Regulations 2003

Since Brexit, Great Britain has its own list of vitamins and minerals for use in food supplements and modification processes under The Nutrition (Amendment etc.) (EU Exit) Regulations 2019. Please note that these responses cover the position in Great Britain only, and not Northern Ireland, where predominantly EU food law continues to apply.

Distinction between supplements and medicinal products:

Where food supplements have a medicinal effect or make a medicinal claim, such as to prevent, treat or cure any disease or medical condition, different legislation applies as they could be considered to be a medicinal product. The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for regulating medicinal products. This can be a grey area, where products are borderline.

10. Do the regulations in your jurisdiction specify what can and cannot be put in supplement products? If so, what are some examples of these restrictions?

All ingredients in food products, including supplements, must be safe for human consumption and not injurious to health.

The Food Supplements (England) Regulations 2003 (and the equivalent Regs for Scotland and Wales) specify the vitamins and minerals (Schedule 1) and the form of vitamin and mineral substances (Schedule 2). There are also purity criteria for vitamins and minerals. Supplements cannot be sold if they contain a vitamin or mineral which is not listed in compliance with these Schedules.

There are restrictions and approved maximum levels for certain flavourings and additives used in any food product, including supplements.

Certain products, such as CBD, which are classed as a ‘novel food’ cannot be marketed/sold unless approved. The UK’s Food Standards Agency (FSA) is responsible for authorising ‘novel foods’ (foods that were not used for human consumption to a significant degree within the UK before 15 May 1997).

There are also specific regulations restricting certain substances. For example, the Kava-kava in Food (England) Regulations 2002 prohibit the sale of any food consisting of or containing Kava-kava, including food supplements; the Tryptophan in Food (England) Regulations 2005 place restrictions on the addition of tryptophan to food(albeit in relation to food supplements, the regulations permit the addition of only laevorotatory tryptophan (L-tryptophan), subject to purity and dose criteria).

11. Does the law in your jurisdiction require a person or entity to be responsible for the supplements and their safety placed on the market?

The food business operator (FBO) is the entity responsible for ensuring that the requirements of food law are met within the food business under their control (which would include a food supplements business). Guidance from the FSA clarifies that any business that sells, cooks, stores, handles, prepares or distributes food is considered a food business. This includes food businesses trading online (for example via social media or a website) or through distance selling (any sale that happens without face-to-face contact with the consumer). Businesses involved with food distribution, brokerage or food supply that operate from an office should also register as a food business. This applies even if no food is kept at the premises. FBOs must register with the local authority, 28 days before trading.

FSA guidance confirms that an importer of supplements into the UK will be legally responsible for all aspects of those goods, including composition, safety and labelling of the products.

12. Does the law in your jurisdiction require supplements to adhere or pass certain safety assessment standards? If so, are there any exceptions/particular extra requirements for certain products?

As long as supplements and the food business comply with UK law (the law specific to food supplements and all other applicable food law) then they are permitted for sale. This includes certain safety and hygiene requirements. It is the responsibility of the FBOs involved in the food supply chain to ensure that they comply with the law.

Please also refer to the response to Q10 above.

13. Does the law in your jurisdiction require the responsible entity to keep records in relation to supplements made available to customers? If so, what are these records?

FSA guidance confirms that FBOs must keep records so that they are able to identify businesses they have bought food supplements from and who they have sold them to. They must retain documents such as invoices and delivery notes so that information can be produced if requested by enforcement authorities.

14. Are there any labelling or packaging requirements for supplements in your jurisdiction? What information must be included on the labelling/packaging? 

The labelling requirements specific to food supplements is contained in the Food Supplements (England) Regulations 2003 and the equivalent regulations in Scotland and Wales.

  • the name of the category of any vitamin or mineral or other substance with a nutritional or physiological effect which characterises the product or an indication of the nature of that vitamin or mineral or other substance;
  • the portion of the product recommended for daily consumption;
  • a warning not to exceed the stated recommended daily dose and conditions for use;
  • a statement to the effect that food supplements should not be used as a substitute for a varied diet;
  • a statement to the effect that the product should be stored out of the reach of young children;
  • the amount of any vitamin or mineral or other substance with a nutritional or physiological effect which is present in the product;
  • a list of ingredients including common allergens which must be emphasised; and
  • a ‘use by’ or ‘best before’ date.

Labelling for vitamin and mineral supplements must also (in addition to the above) include the percentage of the relevant Recommended Daily Allowance (RDA).

Labelling requirements for food products generally also apply to supplements. There is certain mandatory information that must be included on the label, such as the name of the food, FBO contact details, the best before / use by date, warnings, net quantity information, an ingredients list, the country or place of origin (in certain circumstances), a lot number, any special storage conditions, allergens, and instructions for use. There are rules regarding nutrition and health claims and claims regarding “organic” (please refer to the response to Q15 below).

There are also packaging requirements, such as regarding food contact materials and chemicals / regulated substances in packaging materials.

15. Is the advertising and promotion of supplements allowed in your jurisdiction? If so, under what conditions? Are there any specific requirements or regulations for advertising and promotion?

Yes. The Advertising Standards Authority (ASA) regulates the advertising of food products. In respect of food supplements and other vitamins and minerals it is advised that marketers ensure that claims made for dietary supplements and other vitamins and minerals are in line with the ASA’s rules and the requirements of the relevant food law legislation and regulations.

Some of the ASA’s rules relating to marketing communications for food supplements include:

  • Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the applicable register. Claims must be presented clearly and without exaggeration.
  • Only nutrition claims listed in the applicable register may be used in marketing communications.
  • Only health claims listed as authorised in the applicable register, or claims that would have the same meaning to the consumer, may be used in marketing communications.
  • Marketers must not state or imply that a balanced or varied diet cannot provide appropriate quantities of nutrients in general. Individuals should not be encouraged to swap a healthy diet for supplementation, and without well-established proof, no marketing communication may suggest that a widespread vitamin or mineral deficiency exists.
  • Marketing communications for foods must not claim to treat clinical vitamin or mineral deficiency.

Voluntary nutrition or health claims must comply with the requirements of retained Regulation (EC) No 1924/2006 on nutrition and health claims made on foods.

It is also a fundamental principle of food law that the advertising and promotion of food must not mislead consumers.

16. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regards to the supply of supplements.

Under the relevant food supplements regulations, each local authority is responsible for enforcing and executing the regulations in its area. As an example, regulation 9 of the Food Supplements (England) Regulations 2003 states any person found guilty of an offence will be liable to a fine.

In respect of food law more generally, improvement notices can be served by the FSA, the Department for Environment, Food and Rural Affairs or Trading Standards.

17. Do you expect any future developments in this field in your jurisdiction i.e. key areas of reform?

Food supplements, which often mention nutrition and health claims on their labelling, may be affected by potential incoming changes.  The FSA has said it expects to be able to issue full authorisations for CBD products by spring 2025.

Health claims:

The UK’s Office for Health Improvement and Disparities consulted  on the regulation of nutrition and health claims in August 2023. The outcome of the consultation was published in February 2024 and among other steps, the response was for the government to legislate to reform the enforcement procedure for the regulation for nutrition and health claims in England by introducing an improvement notices regime.

Ashwagandha food supplements:

The FSA published a call for evidence in September 2024, asking for stakeholders to gather information on ashwagandha food supplements in order to support its request for a risk assessment from the Committee on Toxicity for ashwagandha to determine whether a safe level of ashwagandha for use in food supplements can be established and assess the risks associated with consuming food supplements containing ashwagandha.  


Beauty devices

1. Does your jurisdiction regulate cosmetic devices separately from cosmetic products?

Cosmetic products, which are defined broadly as a substance or a mixture of substances, do not necessarily include cosmetic devices.

The General Product Safety Regulations 2005 (GPSR) apply to products intended for or likely, under reasonably foreseeable conditions, to be used by consumers. These regulations cover those cosmetic devices which do not fall under the medical device regulations (see below).

The GPSRs require all products to be safe in their normal or reasonably foreseeable usage, provide information for the consumer to be able to assess the inherent risk in a product, include the name and address of the producer on product packaging, and conduct testing and retain testing data.

Local trading standards authorities and the Secretary of State, any other Minister of the Crown in charge of a government department can enforce the 2005 Regulations.

Cosmetic v medical devices:

Generally, according to MHRA guidance, medical devices are those intended to be used in a ‘medical’ context. As such, certain cosmetic devices may come within the ‘medical device’ remit. In such a case, the UK Medical Device Regulations 2002 applies (mirroring the EU Medical Device Regulation (MDR) 2017/745).

The Medicines and Healthcare products Regulatory Authority (MHRA) determines whether a product falls within the definition of a medical device. Also note with certain borderline products, such as machinery/laboratory equipment, these may possess multiple functions and it may not be easy to decide on their status. The MHRA would help determine the status of such borderline products.

2. Does the law in your jurisdiction require a person or entity to be responsible for the cosmetic devices and their safety placed on the market?

As cosmetic devices do not fall under the definition of a cosmetic product, the General Product Safety Regulations 2005 set out the relevant obligations on producers. These include the producer having to ensure it is a safe product (i.e. one which under normal or reasonably foreseeable conditions of use does not present any risk or only the minimum risk compatible with the product’s use, considered to be acceptable and consistent with a high level of protection of health and safety).

Within the private cosmetic sector, there is also the independent organisation, Treatments You Can Trust, which ensures best clinical practice and robust standards of patient and client care are maintained.

3. Does the law in your jurisdiction require cosmetic devices to adhere or pass certain safety assessment standards?

The General Product Safety Regulations 2005 applies to these products, which states (as detailed in Q2) that the product is a ‘safe product’. The producer must also adopt measures to enable them to be informed of risks the product might present, including a sample test, keeping a register of complaints and keeping distributors informed of the results of risk monitoring. The British Standards Institute has also published a Code of Practice on Corrective Actions and Recalls that provides guidance on the obligations under these regulations.

Certain electrical products are legally required to bear the UKCA mark if on internal GB market. In doing so, the manufacturer declares conformity with all legal requirements. Most products can bear both the UKCA and EU’s CE mark.

If Northern Ireland is involved, then the UKNI mark should be used under the Northern Ireland Protocol.

The UKCA can be achieved by either:

  • the manufacturer using an approved body to have the product tested or reviewed; or
  • if there is no independent testing or review, the manufacturer publishes their own statement indicating the product meets the regulations suffices.

In relation to those cosmetic devices which are considered medical devices, manufacturers must comply with certain product marketing and conformity assessment requirement. The relevant conformity assessment, a requirement under the UK Medical Devices Regulations 2002, depends on the classification of the medical device. Depending on the device, this assessment may also require an ‘approved body’ (i.e. a set of UK approved bodies for medical devices) to approve and certify the product.

4. Are there any laws in your jurisdiction with respect to the marketing/promotion of cosmetic devices i.e., advertising regulations?  

Marketing of cosmetic devices is governed by the main advertising regulations in the UK. These are the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code). The Codes largely replicate each other.

Cosmetic devices must comply with the general advertising regulations that apply to all products. The Advertising Standards Authority states marketers of hair removal products and devices should ensure they hold robust clinical evidence for the efficacy of their product. For example, marketers for laser hair treatments should avoid the implication that it can be used for skin types for which it will not be effective.

5. Please describe the enforcement mechanism for compliance with regard to the regulations discussed in Q1 in your jurisdiction with regard to the supply of cosmetic products. Is there criminal liability for non-compliance?

Under the GPSR, local authorities are responsible for investigating allegations of non-compliance and prosecuting serious offences. In the UK the Office for Product Safety and Standards (OPSS) have similar powers, to investigate allegations of non-compliance that are national, novel or contentious in scope.

Enforcement powers include the ability to enter premises, inspect goods, issue notices, obtain evidence, and request technical documents.

The enforcement measures chosen will be proportionate to the risk. Measures include:

  • Suspension notices
  • Requirements to mark / warn
  • Service of withdrawal notices
  • Recall notices

The penalty for failure to comply with the UK Regulation includes a fine of up to £20,000 or a prison sentence of up to 12 months. The court may also forfeit any or all unsafe goods.

In regards to medical devices, the MHRA has the power to take enforcement actions against non-compliance, including product recalls, fines, and criminal prosecution.

6. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

Within EU law, Regulation (EU) 2017/745 extends the devices to which its regime applies, including those which do not have an intended medical purpose, such as equipment for liposuction and laser hair removal. The MHRA also conducted a consultation between September – November 2021, with the aim to include an expansion of the medical devices that would be similar to these EU regulations. The UK Government’s response was published in June 2022.

Though the relevant UK regulations were to come into force in Spring 2024, the MHRA announced it has postponed these changes. It is worth monitoring the progress of these changes over 2025, where the UK Government may pick back up its plans (following the 2024 General Election, when a lot of incoming regulatory changes’ timelines were impacted by the change in government).


Cosmetic (non-surgical) services 

1. Is the administration of any/all of the cosmetic (non-surgical) services above regulated in your jurisdiction?  If so, what national laws apply?

Cosmetic treatments are carried out for non-medical reasons, usually for aesthetic purposes. These treatments can include anything from the more extreme and rarer cases of body modification techniques to common beauty treatments being offered on the high street, such as lip fillers, semi-permanent make up, piercings and tattoos.

Currently the regulatory framework underpinning cosmetic (non-surgical) services is disorganised and there is no legislation mandating that all practitioners are required to meet both training and infection control standards in order to carry out procedures.

The most commonly used legislation to regulate special treatments is the Local Government (Miscellaneous Provisions) Act 1982, which allows for the registration of practitioners and premises providing certain cosmetic treatments.

Local authorities in England have also introduced their own local licensing schemes, varying in the number and type of treatments they cover. For example, London has introduced its scheme under the London Local Authorities Act 1991. Local authorities have powers to apply licence conditions, such as specifying the practitioner’s qualifications and level of competence, and the condition of the premises.

The Health and Care Act 2022 also gives the Secretary of State for Health and Social Care the power to introduce a licensing regime for non-surgical cosmetic procedures in England. See Q.6 for further details on the UK Government’s public consultation on this issue.

2. Are there any rules in your national law which prevent an individual under the age of 18 (or other age as relevant) from receiving a particular non-surgical cosmetic service?

Under the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021, it is a criminal offence to administer botulinum toxin or filler injections for cosmetic purposes to a person under 18. It is also an offence for anyone (an individual or a business) to make arrangements or book an appointment to provide these treatments to anyone under 18. Parents or guardians cannot give permission for a person under 18 to have these treatments.

The UK Government published a public consultation on the licensing of non-surgical cosmetic procedures in England in September 2023, in which one of the proposals was to prohibit practitioners from performing any procedures included within the scheme on people under the age of 18, unless the procedure has been approved for use on a person under 18 by a GMC registered doctor and is carried out by a specified healthcare professional. The relevant procedures include injections of a substance, the insertion of needles into the skin, the application of light, electricity, cold or heat, and the application of a substance that is capable of penetrating into or through the epidermis.

3. Is botulinum toxin (BT) a prescription only drug in your jurisdiction? If so, who can prescribe BT in your jurisdiction i.e., what expertise or qualification is required to prescribe and/or administer BT?

Yes, BTs are prescription only medicines (POMs) and can only be prescribed by a designated medical prescriber (i.e. doctor, dentist, nurse prescriber or pharmacist prescriber) to a named patient, but prescribers can delegate the administration of the procedure to non-medical professionals whom they consider to be competent, knowledgeable and capable to administer such treatments.

There is an obligation to ensure that the premises in which the procedures are carried out in are assessed to ensure that they meet the required standards. Whilst there are no national educational requirements regarding the training, competence or knowledge of the practitioner administering these treatments, the prescriber is required to assure themselves that the person to whom they have issued the prescription to is safe to administer the toxin.

The Joint Council for Cosmetic Practitioners (JCCP) published a guidance statement on Response Prescribing for Cosmetic Procedures in 2018 which states that the JCCP does not endorse or permit the use of remote prescribing of injectable, topical or oral prescription medication for non-surgical cosmetic treatments in any circumstances.

4. Does the (national) law require that businesses and/or practitioners administering these services register with a centralised body? Does this centralised body responsible handle complaints in relation to non-surgical cosmetic services?

There are currently no mandatory training requirements for practitioners, nor a requirement to register with one centralised body.

There are however a number of accredited registers for non-surgical cosmetic procedures. The Professional Standards Authority’s (PSA) Accredited Registers Programme allows members of the public to access accredited healthcare registers, for those practitioners in industries not currently regulated by law. Save Face and the Joint Council for Cosmetic Practitioners are two organisations that currently hold PSA-accredited voluntary registers for cosmetic practitioners.

There are also several voluntary industry associations within the aesthetic industry for non-healthcare professionals. These include the:

For those services which require a medical practitioner, the relevant UK healthcare regulators are responsible for ensuring that professionals on their registers have the necessary skills and knowledge to be registered and function within their scope of practice. For example, all medical doctors must register with the General Medical Council (GMC), hold a licence to practise and meet the expected standards set out in the GMC’s Good medical practice to work in the UK. In practice, most non-surgical cosmetic procedures are carried out by private providers.

5. Please set out at a high level the key enforcement mechanism and/or consequences for non-compliance in relation to the regulations discussed above. 

As noted for Q1, there is no single regulatory framework for non-surgical cosmetic services in the UK, which in effect means there are no singular authority to take enforcement actions for non-compliance. As such, voluntary registers like the JCCP aim to provide practitioners who seek accreditation a means of meeting a set of common standards, in an industry that is largely unregulated and does not have legal enforcement mechanisms/consequences for non-compliance in place.

6. Are there any national laws or regulations which are relevant to the advertising of non-surgical cosmetic services? If so, are third party booking platforms which allow consumers to book non-surgical cosmetic services also caught by these advertising laws or regulations?

The Advertising Standards Authority (ASA) has published Advertising Guidance on the marketing of non-surgical cosmetic procedures. More specifically, the ASA with the Medicines and Healthcare products Regulatory Agency, published guidance relating to the advertising of Botox and other botulinum toxin injections on social media. In general, any objective efficacy claims for cosmetic interventions must be supported by robust evidence.

7. Do you expect any future developments in this field in your jurisdiction i.e., key areas of reform? If so, please provide a high-level description of the proposed reforms and when they are likely to be introduced. 

As mentioned under Q1, towards the end of 2023, the UK Government opened up a public consultation to sought views on the licensing of non-surgical cosmetic procedures in England.

The Health and Care Act 2022 sets out powers for the Secretary of State for Health and Social Care to introduce regulations for cosmetic licensing. Under these powers, the Secretary of State will be able to introduce two separate licenses:

  1. A personal licence to be able to carry out specified cosmetic procedures in the course of business; and
  2. A premises licence to use or allow the use of a premises for the provision of these procedures.

The Health and Care Act 2022 included definitions of those procedures considered to have the highest potential to cause harm, while also allowing flexibility for new procedures to be covered through regulations in the future.

We are still awaiting outcome of this public consultation.