GOVERNMENT OF INDIA
MINISTRY OF CHEMICALS AND FERTILIZERS
UNSTARRED QUESTION NO: 3724
ANSWERED ON: 25.03.2022
Audits of Cosmetic Products
Will the Minister of CHEMICALS AND FERTILIZERS be pleased to state:-
(a) whether the Government conducts any audit of claims made by cosmetic companies after acquiring a license to sell their products in the Indian market;
(b) if so, the details thereof and if not, the reasons therefor;
(c) whether the Government has conducted any study to check levels of prohibited substances of lead and arsenic mixed in cosmetics;
(d) if so, the details thereof and if not, the reasons therefor; (e) whether any studies have also been conducted by some prominent think tanks and the other research organisations in this regard and if so, the details thereof;
(e) if so, whether the regulatory body has sanctioned any study to follow-up on the findings; and
(f) if so, the details thereof and if not, the reasons therefor?
(a) & (b): As per information provided by the Central Drugs Standard Control Organisation (CDSCO) under the Ministry of Health & Family Welfare, no cosmetic may purport or claim to purport or convey any idea which is false or misleading to the intending user as per Rule 36 of the Cosmetics Rules, 2020 notified under the Drugs & Cosmetics Act, 1940. In case of any concern or complaint regarding the claims, Licensing Authorities are empowered to take action including conduct of inspection as per the Cosmetics Rules, 2020.
(c) & (d): As per information provided by CDSCO, no such study has been conducted. However, as per Rule 39 of the Cosmetics Rules, 2020, the limit of arsenic and lead in cosmetics have been prescribed as under:
(i) Not more than 2 parts per million of Arsenic calculated as Arsenic Trioxide.
(ii) Not more than 20 parts per million of lead calculated as lead.
(iii) Not more than 100 parts per million of Heavy Metals other than lead calculated as the total of the respective metals.
Further, as per Rule 39(6) of the Cosmetics Rules, 2020, the use of lead and arsenic compounds for the purpose of colouring cosmetics is prohibited.
(e) to (f): CDSCO has not received any list of such studies. However, earlier in 2014 a study titled ‘Heavy Metals in Cosmetics’ was conducted by the Centre for Science and Environment (CSE), which is available in public domain. CDSCO had taken up the matter and forwarded the same to the concerned State for necessary action as per provisions of the Drugs and Cosmetics Act, 1940 and rules made thereunder. CDSCO has not sanctioned any study to follow-up on the findings.