Statement for the Public Consultation of the European Commission on the Evaluation of Regulation (EC) No. 1223/2009 on Cosmetic Products
- Background and Legal Framework
Cosmetic products, particularly UV nail products, are regulated at the European level by Regulation (EC) No. 1223/2009 on cosmetic products (hereinafter: the Cosmetic Regulation). This regulation primarily aims to protect human health and sets out requirements regarding product safety assessments, labelling obligations, and marketing conditions.
Numerous ingredients used in nail design products such as UV gels or nail polishes are approved under the Cosmetic Regulation but are restricted for use exclusively by professional users. These include highly sensitizing substances such as HEMA or certain hair dyes. Accordingly, such products often carry the warning label „for professional use only.“
On the national level, additional legal frameworks apply, such as the German Product Safety Act (ProdSG), the German Food and Feed Code (LFGB), and the respective national cosmetic product regulations (e.g., the German Cosmetics Ordinance – KosmetikV). These supplement EU requirements for labelling, distribution, and market surveillance. - Problem Analysis: Lack of Enforcement of Intended Use Restrictions
Despite being labelled „for professional use only,“ many such products are widely sold to private consumers—particularly online, but also in physical retail outlets (e.g., drugstores such as Rossmann, dm, Müller, and platforms like Amazon, Zalando, or Neonail).
These labels are often not accompanied by any form of verification. Neither retailers nor platforms are obligated to verify the purchaser’s professional qualifications or commercial status. This regulatory gap renders the warning label virtually meaningless.
A particularly striking example is the sale of UV gel products by Rossmann, as documented in the trade journal markt intern (issue PK 27/25 of 30 June 2025). There, a product clearly labelled „for professional use only“ is offered to the general public for 3 euros, including a link to the website. The package insert lacks any form of access restriction or obligation to verify the purchaser’s status.
Stellungnahme zur öffentlichen Konsultation der Europäischen Kommission zur Bewertung der Kosmetikverordnung (EG) Nr. 1223/2009 - Judicial Interpretation – Inadequate Consumer Protection
According to existing case law (e.g., Higher Regional Court Frankfurt), it is currently permissible to place a warning label on a product without taking further steps to restrict access. However, this undermines the purpose of Regulation (EC) No. 1223/2009, which is to ensure safe application by qualified professionals.
The label „for professional use only“ is frequently misunderstood by consumers as a mark of higher quality („a professional product—it must be better“). This phenomenon has been confirmed by feedback from the Chemical and Veterinary Investigation Office (CVUA) Karlsruhe in June 2025. - Market Observation: Systematic Misuse
Market monitoring reveals:
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Products labeled „for professional use only“ are sold without restriction to private consumers.
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Mandatory information such as INCI ingredient lists and safety instructions is often missing or incomplete.
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There are no functional mechanisms to ensure that only qualified professionals can purchase these products.
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Platform providers, online shops, and physical retailers disclaim any responsibility („The warning is clearly stated“). - Consumer Protection and Health Risks
Many products labelled „for professional use only“ contain sensitizing substances that can irritate the skin or eyes. Improper use can result in allergic reactions, chemical burns, or other health risks—particularly when used without gloves, protective eyewear, or proper training.
The CVUA Karlsruhe has noted that such products can only be safely used by trained professionals, e.g., in hair salons or nail studios. Laypersons may not be aware of the associated risks or know how to apply appropriate safety measures.
This issue is also evident in lash and hair dye products, many of which contain substances such as PPD, resorcinol, or toluene-2,5-diamine, which are only approved under Annex III of the Regulation for use by professionals. Nonetheless, these products are widely available to consumers in retail and online settings—with nothing more than a warning label and no access controls. Lash dyes, in particular, often contain irritants used near mucous membranes, increasing the risk. - Market Distortion and Weakening of the Professional Trade
The current practice results in significant market distortion:
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Retailers who comply with the law and sell only to professionals are at a competitive disadvantage.
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Large retail chains benefit from lax enforcement, pushing out small specialist businesses and studios.
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The distinction between professional and consumer use is becoming increasingly blurred, undermining the role of qualified professionals.
Stellungnahme zur öffentlichen Konsultation der Europäischen Kommission zur Bewertung der Kosmetikverordnung (EG) Nr. 1223/2009 - Demand: Introduction of a Mandatory Verification Requirement
As part of the ongoing consultation to evaluate the existing Cosmetic Regulation, we call upon the European Commission to recognize the misuse of the „for professional use only“ label as a systemic enforcement deficit and to take concrete regulatory action.
The goal is to establish clear legal requirements to effectively enforce the professional-use restriction, thereby protecting both consumers and the professional trade:
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Mandatory verification: Retailers and platforms must be required to verify whether purchasers are qualified professionals (e.g., via VAT ID, business registration, or certification).
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Definition of terminology: The term „professional use“ must be clearly defined in the Regulation and clearly distinguished from „use by end consumers.“
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Liability for misuse: Manufacturers and distributors must be held accountable when products are sold to consumers despite the warning label.
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Mandatory labelling with access restrictions: Products with restricted-use profiles should only be sold in secured environments (e.g., after login or verified trade registration).
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Active verification duty: It is not sufficient to simply place a warning label on a product or its description. Under Article 4 of Regulation (EC) No. 1223/2009 and applicable product safety law, the distributor is obligated to ensure that the product is only sold to qualified professionals. Passive disclosure is not enough—active checks are required.
7.1 Recommendations for Authorities and Market Surveillance
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Clarify responsibilities: The Cosmetic Regulation should explicitly state that enforcing „professional use only“ restrictions falls within the scope of market surveillance authorities.
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Enforceable verification checks: Authorities must be empowered to verify whether retailers are applying appropriate screening mechanisms (e.g., checking VAT IDs or certificates).
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Access to digital order data: Authorities should be allowed to inspect online orders on a sample basis where there is justified suspicion.
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Create enforcement tools: For repeated or systemic violations, EU-wide penalties should be available—e.g., fines, official warnings, or sales bans.
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Develop EU-level guidance: The Commission should publish unified inspection procedures and implementation guidelines for verifying professional-use restrictions.
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Reference to existing implementation proposals: Structured proposals for screening procedures, retailer guidelines, and access controls already exist and can be shared with the Commission upon request. - Conclusion
The current legal situation permits widespread circumvention of „for professional use only“ restrictions. Warning labels without access controls are ineffective and result in considerable health risks for consumers and unfair competition. A clearly regulated, digitally verifiable verification requirement is urgently needed.
Stellungnahme zur öffentlichen Konsultation der Europäischen Kommission zur Bewertung der Kosmetikverordnung (EG) Nr. 1223/2009 - Further Cooperation
A comprehensive expert opinion with detailed references, case analyses, and real-world examples is available and can be submitted upon request. We are also available to support the Commission with further questions or consultations.
Contact - Author: VETO NAILS GmbH Auf den Kuhlen 43 40221 Düsseldorf Germany Contact: Jean-Marc Troska Email: marc@veto-nails.de
- Sources and References (selection):
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Markt intern, Issue 27/25, 30.06.2025
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Response from CVUA Karlsruhe within the EU consultation on the Cosmetic Regulation
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Submissions from LAVES, ICADA, various ministries (e.g., NRW, Saxony-Anhalt, Brandenburg), VnDD e.V.
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Regulation (EC) No. 1223/2009
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ProdSG, LFGB
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EU Regulation 2017/237
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CTPA (UK) – Guidelines on professional use
Date: 19 July 2025