Himachal: Cosmetic makers, if found violating norms, to lose licence

As per a recent notification issued by the Ministry of Health and Family Welfare on July 29, spurious cosmetic manufacturers will now face stringent action, including cancellation or suspension of their manufacturing license, if their products fail to comply with the laid-down conditions.

In a bid to ensure quality, the manufacturers are required to test each batch of raw materials used in production, as well as the final product. They must also maintain proper record in accordance with the rules. However, there was no provision for punitive action such as suspension or cancellation of licenses for manufacturers failing to meet the prescribed quality standards.

Several cases of cosmetic products not adhering to norms, including deviations in the labelling claims and presence of harmful content like mercury and other heavy metals, were coming to fore in the monthly alerts issued by the Central and state regulating authorities. The state is home to 180 cosmetic manufacturers, ranging from renowned brands to small producers.

For example, Petben, a benzoyl peroxide shampoo, was recently flagged in a CDSCO monthly alert for not meeting its labelled claims. Similarly, Mamaearth Vitamin C Light Moisturising Cream, manufactured by a Parwanoo-based company, failed to comply with the Cosmetics Rules, 2020. It failed the test for the content of ‘mercury’ in finished cosmetic products as specified in the Laboratory Protocol.

Confirming the development, State Drugs Controller Manish Kapoor said, “The issue of the absence of punitive action against non-compliant cosmetic manufacturers was raised with the Central regulator and the Drug Technical Advisory Board, the apex decision-making body. Although substandard cosmetic products were regularly highlighted in Central Drugs Standard Control Organisation’s (CDSCO) monthly alerts, there was no provision for any punitive action.”

Kapoor added, “Earlier, Rule 143 of the Drugs and Cosmetics Act, 1945, allowed for suspension or cancellation of licenses. However, when the rules were amended in 2020, all provisions related to the regulation of cosmetic manufacturing were omitted under general statutory rules, leaving a regulator handicapped in acting against an erring manufacturer.”

“The ministry, when apprised of this lacuna, took serious note of the issue and has now notified an amended rule. This new provision allows for the suspension or cancellation of manufacturing licenses in cases of violations of license conditions,” said Kapoor.