Understanding the classification of your product in Canada is crucial for compliance with regulations and for successful marketing. This article will delve into the differences between a ‘Cosmetic’ and a ‘Natural Health Product’ (NHP) in Canada, and provide guidance on how to determine which category your product falls into.

Understanding ‘Cosmetics’ and ‘NHPs’

The first step in determining whether your product is a ‘Cosmetic’ or an ‘NHP’ is to understand what these terms mean in the Canadian context. The definitions provided by Health Canada, the federal department responsible for public health, are the guiding principles for this classification.

A ‘Cosmetic’ is defined under the Food and Drugs Act as any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes. This includes a wide range of products such as shampoos, moisturizers, makeup, and toothpaste.

On the other hand, a ‘Natural Health Product’ (NHP) is defined under the Natural Health Products Regulations as a substance set out in Schedule 1 or a combination of substances in which all the medicinal ingredients are substances set out in Schedule 1, a homeopathic medicine or a traditional medicine, that is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state or its symptoms in humans.

Key Differences Between ‘Cosmetics’ and ‘NHPs’

Intended Use

The intended use of the product is a key factor in determining whether it is a ‘Cosmetic’ or an ‘NHP’. If the product is intended for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state or its symptoms, it is likely to be classified as an NHP. If the product is intended for cleansing, improving or altering the complexion, skin, hair or teeth, it is likely to be classified as a cosmetic.

Ingredients

The ingredients of the product also play a significant role in its classification. If all the medicinal ingredients in the product are substances set out in Schedule 1 of the Natural Health Products Regulations, it is likely to be classified as an NHP. If the product contains substances or mixtures of substances for use in cleansing, improving or altering the complexion, skin, hair or teeth, it is likely to be classified as a cosmetic.

Regulatory Requirements for ‘Cosmetics’ and ‘NHPs’

There are different regulatory requirements for ‘Cosmetics’ and ‘NHPs’ in Canada. Understanding these requirements is crucial for compliance and for the successful marketing of your product.

‘Cosmetics’ are regulated under the Food and Drugs Act and the Cosmetic Regulations. The manufacturer or importer of a cosmetic is required to notify Health Canada within 10 days after they first sell a cosmetic in Canada. The notification must include information about the product, including its name, the ingredients, and the function of the product.

‘NHPs’, on the other hand, are regulated under the Natural Health Products Regulations. These regulations require that NHPs be licensed before they can be sold in Canada. The licensing process involves a review of the product by Health Canada to ensure that it is safe, effective and of high quality.

How to Determine Whether Your Product is a ‘Cosmetic’ or an ‘NHP’

To determine whether your product is a ‘Cosmetic’ or an ‘NHP’, you should consider the intended use of the product and its ingredients. If you are still unsure, you can seek guidance from Health Canada or consult with a regulatory affairs professional.

Remember, the classification of your product as a ‘Cosmetic’ or an ‘NHP’ has significant implications for how it is regulated in Canada. It is therefore crucial to get this right to ensure compliance with regulations and to avoid potential penalties.

Conclusion

Understanding whether your product is considered a ‘Cosmetic’ or an ‘NHP’ in Canada is crucial for compliance with regulations and for successful marketing. By understanding the definitions of these terms, considering the intended use and ingredients of your product, and being aware of the regulatory requirements, you can ensure that your product is correctly classified and compliant with Canadian regulations.