Enhancing Consumer Safety In Cosmetics: A Legal Lens On India’s Regulatory Framework And Reform
- IJLLR Journal
- 10 hours ago
- 1 min read
Kushagra Tripathi, Dr. Ram Manohar Lohiya National Law University, Lucknow
INTRODUCTION
Personal care and beauty products are now integral to the daily routines of millions in India. However, this growing reliance on cosmetics, especially cosmetics claiming antiaging impacts particularly skin glow creams & serums, and various others offering therapeutic effects, demands robust legal scrutiny as they possess underline threat to public health. Despite their transformative claims, these products often bypass comprehensive regulatory evaluations as they escape falling under pharmaceuticals.
In Consumer Education and Research Centre v. Union of India, the Supreme Court has categorically emphasized that the right to health is a fundamental right under Article 21 of the Constitution. This decision imposes a positive duty upon the State to ensure that commercial industries, including cosmetics, operate in a manner that does not jeopardize public health. While India does have a legislative foundation under the Drugs and Cosmetics Act, 1940, the changing dynamics of the market and proliferation of modern cosmetic industries necessitates a legal institutional response by the state.
LEGAL FRAMEWORK OF COSMETICS IN INDIA
India governs cosmetics primarily under the Drugs and Cosmetics Act, 1940 (DCA) and the associated Rules of 1945. Section 3(aaa) of the Act defines a cosmetic as any article meant to be applied to the human body for beautifying, cleansing, or altering appearance. However, the Act fails to provide a distinct classification for "cosmeceuticals" products with both cosmetic and pharmaceutical properties. Chapter III and IV of the Act deals with imports, manufacture, sale and distribution of drugs and cosmetics.
Regulatory authority lies with the Central Drugs Standard Control Organization (CDSCO),
