Cosmetics Rules

When The Cover Gets Judged: Unboxing Cosmetics Packaging Obligations

Summary: Cosmetics packaging sits across overlapping regimes, spanning labelling accuracy, plastic waste management, and product-specific rules of their own. A single product may touch all three frameworks at once, raising issues from registration requirements to mislabelling liability to repercussions for missed EPR targets. The real challenge, however, lies in reliably seeing where they all converge on the same pack.

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Mirror, Mirror on the Wall: The Rise of Personalised Cosmetics Regimens in India

Summary: With artificial intelligence increasingly driving the personalisation of skincare and beauty products in India, businesses operating at this intersection must navigate a complex and evolving regulatory landscape. This post examines the key legal considerations that arise when AI is used to design customised cosmetic regimens. It explores the classification risk where AI-driven analysis and tailored recommendations risk crossing the line from cosmetics into drugs or even software as a medical device. It then considers the interplay between product and service liability under the Consumer Protection Act, 2019, particularly where harm results not from a defective product per se, but from an AI algorithm’s failure to account for individual user characteristics.

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Introduction

There is no denying that India is one of the most significant players in the global pharmaceuticals space, especially in the generic and affordable vaccines segment. Emerging markets such as India are expected to become further crucial in the foreseeable future, given the global supply chain disruptions and discontinuities. Fifty percent of the global demand for various vaccines is met by the Indian pharmaceuticals industry and as per the Indian Economic Survey 2021, the domestic market is expected to grow 3x in the next decade. It is expected to develop at an annual rate of 11% over the next two years, possibly exceeding $60 billion in value.[1] India’s healthcare market is expected to reach $372 billion, driven by rising income, better health awareness and increasing access to insurance. India’s healthcare public expenditure stood at 2.1% of GDP in 2021-22 against 1.8% in 2020-21. Furthermore, in Union Budget 2022-23, Rs 86,200.65 crore ($11.28 billion) was allocated to the Ministry of Health and Family Welfare (MoHFW).

Continue Reading Examining the Regulatory and Operational Issues Affecting M&A in Pharmaceuticals and Healthcare Industry