Regulatory deadline: entry into force of the so-called ‘allergen’ regulation

31 July 2026 marks an important milestone for cosmetic products placed on the market in the European Union.

From that date onwards, products that do not comply with the new allergen labelling requirements will no longer be permitted to be placed on the market.

However, behind this deadline, one point is often misunderstood: what exactly is meant by ‘placing on the market’?

→ Placing a product on the market is the responsibility of the European Responsible Person (RP)

Whether they are a manufacturer, importer or other designated party, it is the Responsible Person who bears legal responsibility for placing the product on the market.

Some practical implications:

• In the case of subcontracting within the EU: the product is not placed on the market until it is fully finished and then made available by the Responsible Person;
• In the case of importation: the Responsible Person is, by default, the importer, who may only place the product on the market once customs clearance procedures have been completed.

→ The tipping point: the Responsible Person’s ability to supply the product

From 31 July 2026, the Responsible Person will no longer be able to supply new units to the European market that do not comply with the new labelling rules.

→ ‘Placing on the market’ ≠ date of creation of the product reference

This concept is assessed on a product-by-product basis: each unit supplied corresponds to a separate placing on the market.

It is therefore neither the year the product was launched nor its date of manufacture that determines compliance with the deadline, but the date on which the Responsible Person places each unit on the market.

→ How can placing on the market be substantiated?

In practice, the assessment is based on evidence of the transfer of ownership, generally documented via commercial traceability records (invoice, delivery note, etc.), even though the legislation does not expressly define the requirements for proof.

And after 31 July 2026?

The transitional period until 31 July 2028 allows downstream operators (distributors, retailers, etc.) to continue selling products already placed on the market before that deadline.

PFor more information, see the Practical Guide published by Cosmed