ARTICLE
6 March 2021

Cosmetics And Other Products

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Gun + Partners

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Gün + Partners is a full-service institutional law firm with a strategic international vision, providing transactional, advisory and dispute resolution services since 1986. The Firm is based in Istanbul, with working offices Ankara and Izmir. The Firm advises in life sciences, energy, construction & real estate, technology, media and telecoms, automotive, FMCG, chemicals and the defence industries.”
The packaging and labelling requirements for cosmetic products are regulated under Cosmetic Law numbered 5324 (the "Law") and the Regulation on Cosmetics (the "Regulation") of the TITCK of the MoH.
Turkey Food, Drugs, Healthcare, Life Sciences

The packaging and labelling requirements for cosmetic products are regulated under Cosmetic Law numbered 5324 (the "Law") and the Regulation on Cosmetics (the "Regulation") of the TITCK of the MoH.

In addition to the Law and the Regulation, the Guidelines on the Promotional Activities of Cosmetic Products and the Regulation on the Health Claims of the Products that are Offered for Sale with a Health Claim ("Health Claim Regulation") are still applicable, which means administrative sanctions are still being applied to the ones selling and promoting products with health claims, without any prior permission of the MoH.

The MoH performs regular inspections with respect to safety and advertising of cosmetics. In 2018, inspections had been initiated for skin care products, hair styling products, and baby product groups and, in this respect, a total of 371 products in 2018, and 1328 products in 2019 were inspected. As a result of the inspection activities, administrative fines, withdrawals and destruction orders relating to cosmetic products were applied.

The TITCK has accelerated the harmonization of its Regulations with the EU Regulations and, accordingly, has shared a draft regulation that includes parallel provisions. In this respect, the TITCK has updated all Guidelines, and has commenced implementing the EU rules.

Within the scope of combating COVID-19, a circular was published by TITCK on 19 March 2020, which includes the procedures and principles regarding the work and processes related to biocidal products that directly contact the human body and, within this scope, it has been arranged that a temporary license may be made for Biocidal Product type-1 and product type-19. Especially in the first months of 2020, it was observed that the relevant unit of TITCK has experienced a very busy period due to new applications and inspections.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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