Guide to retail success: The sale of cosmetic products in Singapore

I. Introduction

Singapore's demand for cosmetic products has grown steadily over the years, with the beauty and personal care market in Singapore estimated to have been worth USD1.24billion in 2024. Since the implementation of the ASEAN Cosmetic Directive (ACD), Singapore has adopted a regionally aligned stance on regulating cosmetics. Businesses involved in manufacturing, importing or selling cosmetic products in Singapore must comply with the various regulations set out by the Health Sciences Authority (the HSA). This article provides an overview of the key legal requirements governing the sale of cosmetic products in Singapore.

II. What is a cosmetic product

Under the Health Products Act 2007 (the HPA), a "cosmetic product" is defined as a substance or preparation that is intended by its manufacturer to be placed in contact with the various external parts of the human body (such as the skin, hair, nails and lips) with a view exclusively or mainly to:

1. cleaning them;
2. perfuming them;
3. changing their appearance;
4. correcting body odours;
5. protecting them; or
6. keeping them in good condition.

Due to the broad definition of "cosmetic product" in the HPA, it can cover a wide range of items, from hair care products and make-up to fragrances, perfumes and deodorants. However, if a product is claimed to have therapeutic effects, it may be classified as a "therapeutic product" under the HPA instead of a "cosmetic product", which would be subject to more stringent controls.

III. Registration and notification requirements of cosmetic products

It is a requirement that the "person responsible" for placing a cosmetic product in the market only supply that cosmetic product in Singapore after prior notification (cosmetic product notification) has been submitted to the HSA for the product. The term "person responsible" is defined as the person who is "instrumental in causing the cosmetic product to be available for sale in Singapore". The Guidelines on the Control of Cosmetic Products issued by the HSA further elaborates that the person responsible will be a locally registered company, which may be an importer, a manufacturer, a distributor or a retailer.

The cosmetic product notification will need to be submitted to the HSA, in such form and manner as the HSA may require, and will need to be accompanied by:

1. such particulars, information, documents and samples of the cosmetic product as the HSA may require;
2. if required by the HSA, a statutory declaration by the applicant verifying any information contained in, or related to, the notification; and
3. the appropriate fee.

The fee payable to the HSA for the cosmetic product notification would depend on the risk of the cosmetic products. Cosmetic products that are deemed to be of higher risk are cosmetic products to be applied around the eyes, on the lips, hair dyes containing phenylenediamines and oral and dental care products. Cosmetic products that are deemed to be lower risk are all other cosmetic products not listed above, such as skin whitening products, moisturisers etc. The same fees apply for both product notification and re-notification.

The submission of the cosmetic product notification is carried out through the HSA's PRISM e-service. Each notification is valid for one (1) year, and if a company wishes to continue marketing the cosmetic product in Singapore, further notification (referred to as "re-notification") is required each year. Renewal of the notification may also be made via the HSA's PRISM e-service.

IV. Product safety, labelling and advertising requirements

It is the responsibility of the seller of a cosmetic product to guarantee the safety and quality of that product and to ensure that, in selling that cosmetic product in Singapore, they do not mislead customers or make any claims about the product that are unsubstantiated. As such, dealers of cosmetic products in Singapore must keep up to date on the following areas:

A. Prohibited and restricted substances

Certain harmful ingredients, such as hydroquinone and mercury, are banned or restricted in cosmetic products. The Health Products (Cosmetic Products - ASEAN Cosmetic Directive) Regulations 2007 (Health Products Regulations 2007) sets out the restrictions on the contents of cosmetic products and the substances which cosmetic products are not permitted to contain, as well as any exceptions to the restrictions (such as where there are only trace amounts of the substance).

B. Labelling requirements

The Health Products Regulations 2007 also sets out the requirements on the labelling of cosmetic products. These labelling requirements include, amongst other things, that the cosmetic product must have a label that sets out:

1. the name of the cosmetic product;
2. the function of the cosmetic product (except when it is clear from the presentation of the cosmetic product);
3. the list of all of the ingredients in the cosmetic product;
4. any special precautions to be observed when using the cosmetic product; and
5. the date of expiry of the cosmetic product, where the cosmetic product has an expected period of durability of less than 30 months between the date of its manufacture and the date of its expiry.

All information on the label of a cosmetic product will need to be provided in the English language (although information can also be provided in any other language as well). All numbers, letters and symbols used in providing the information on the label of a cosmetic product will need to be printed in such a manner as to be legible, permanent, indelible and prominent. If a symbol or code (whether in the form of a colour or otherwise) is used in providing the information on the label of a cosmetic product, an explanation of the symbol or code will need to be provided.

C. Advertising of cosmetic products

Dealers in cosmetic products must also ensure that their cosmetic product advertisements comply with the Health Products Regulations 2007, which provides that no person shall advertise any cosmetic product, or cause any cosmetic product to be advertised:

1. with any claim, whether expressly or by implication, that the cosmetic product has a therapeutic benefit or can be used for a therapeutic purpose; or
2. with any claim which is likely to create an erroneous impression regarding the formulation, composition, quality or safety of the cosmetic product.

The HSA provides that advertisements on cosmetic products cannot claim to modify a physiological process, such as a reversal of hair loss, or to prevent or treat a disease or medical conditions. Dealers in cosmetic products can only make claims that are aligned with the definition of cosmetic products and are justified by scientific data or evidence and/or by the cosmetic formulation or preparation itself.

V. Concluding remarks

Businesses looking to sell cosmetic products in Singapore must comply with the HSA's notification requirements, safety standards under the ACD and the strict advertising rules. The HSA conducts regular market surveillance to check for unsafe or non-compliant cosmetic products, and non-compliance may result in penalties, product recalls and reputational damage.

As a cosmetic brand owner, importer or retailer, it is crucial to stay updated with the HSA's regulations and ensure that all cosmetic products satisfy them before they are sold in the Singapore market. When in doubt, a legal professional should always be consulted to resolve compliance issues and mitigate regulatory risks.