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Cosmetics are subject to regulations mainly over their safety, whereas medicines must provide much stronger evidence of safety as well as effectiveness and other indications such as side-effects.
Trading standards officers are responsible for the regulation of cosmetics, on behalf of the Department for Business Enterprise and Regulatory Reform, while the Medicines and Healthcare Products Regulatory Agency and European Medicines Agency regulate pharmaceutical products.
Some dermatologists believe that while products such as moisturisers and cleansers act on the upper layers of skin, wrinkle creams and other products that claim to affect a more active change in cells should be classed as the latter. Under EU law, medical products include substances that “may be used in or administered to human beings with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action”.
A product for use only as a toilet preparation, disinfectant, food or beverage is not normally regarded as a medicinal product, and does not require a marketing authorisation unless it contains a pharmacologically active substance or makes medicinal claims. For example, a toothpaste is considered a cosmetic, but if it is marketed as treating or preventing sensitive teeth or contains an active ingredient known to have such an effect, it would be subject to medicines control.
Skin damaged by the Sun is not yet an acknowledged medical condition.
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