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CDSCO registration: Course of Action against Lowbrow Drugs

While granting a cosmetic CDSCO license to the dealer and manufacturer of CDSCO registration cosmetic products, certain vigilance is kept on such imported cosmetic products. So, as prescribed in the Act, we have discussed in this article the course of action to be taken if the Authority encounters a subpar or lowbrow cosmetic product.

Standards of Quality

The Standard expression of quality means that the cosmetic complies with such standards as prescribed by the CDSCO. The Central Government, after consultation with the Board and by notification in the Official Gazette, can by notification add or amend the Second Schedule, and the Second Schedule will be amended accordingly. Read More: Startup Registration

Misbranded Cosmetics

A cosmetic can be misbranded if it is so coloured, coated, powdered, or polished that damage is concealed. Also, a Cosmetic is misbranded if it is made to appear of better or greater therapeutic value than it really is or is it is not labeled in the prescribed manner. A Cosmetic can be termed as misbranded even if its label or container or anything accompanying the Cosmetic bears any statement, design, or device which makes any false claim for the cosmetic.

Adulterated Cosmetics

A cosmetic can be adulterated if:

  • The cosmetic consists of any filthy, putrid, or decomposed substance.
  • The cosmetic has been prepared, packed, or stored under unsanitary conditions where it may have been contaminated with filth or rendered harmful to health.
  • The cosmetic container is composed of any poisonous or deleterious substance which can render the contents injurious to health.
  • The cosmetics bear a colour other than the one prescribed.
  • The cosmetic contains any harmful or toxic substance which can render it injurious to health.
  • If any substance has been mixed in the cosmetic to reduce its quality or strength

Spurious Cosmetics

A cosmetic can be deemed to be spurious if:

  • The cosmetic is imported under the name which belongs to another cosmetic.
  • The cosmetic is an imitation of or a substitute for another cosmetic, or if it resembles another cosmetic in a manner that is likely to deceive or bears upon it or upon its label or container the name of another cosmetic unless the cosmetic is plainly or conspicuously marked to reveal its true character also if its lack of identity with such other cosmetics causes concern.
  • The cosmetic’s label or container bears the name of an individual or company purporting to be the cosmetic manufacturer, which individual or company is fictitious or does not exist.
  • The cosmetic purports to be the product of a manufacturer of whom it is not truly a product. Read More: NBFC Registration

Prohibition of Import of certain Cosmetics

As fixed by the Central Government by notification in the Official Gazette, no person can import the following:

  • Any cosmetic which is not of standard quality
  • Any misbranded cosmetic if its container is composed of any poisonous or deleterious substance which may render the contents injurious to health
  • If the cosmetic bears or contains, for purposes of coloring only, a color other than one which is prescribed
  • If the cosmetic contains any harmful or toxic substance which may render it detrimental to the health
  • If any substance has been mixed in addition to that to reduce its quality or strength

Prohibition of Import of Cosmetics

As per the Central Government by notification in the Official Gazette, no person can import any of the following:

  • Any cosmetic which is not of standard quality
  • Any misbranded or spurious cosmetic
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