How Cosmetic Products Are Regulated in Georgia
Georgia has no separate statute for cosmetic products: their placing on the market is governed by the general regime of the Product Safety and Free Circulation Code. This means that a cosmetic product, like any other consumer product, is subject to the same core requirements — safety, consumer information, labelling in Georgian, and producer liability for damage caused by a defective product. This page describes that regime on the basis of the relevant provisions of the Code; every conclusion comes directly from the text of the law.
For importers, producers and distributors of cosmetics this construction matters greatly: in the absence of a specific technical regulation, it is precisely the Code's general norms that define what is permitted and what triggers fines. Should a specific technical regulation for cosmetics be adopted in the future, its requirements would supersede the general regime in the prescribed manner.
The Code establishes an open-market mechanism: a product belonging to the regulated sphere that is manufactured in a country with adequate product-safety standards and developed quality infrastructure is placed on the market without restriction, in accordance with that country's legislation. The list of such countries is determined by the Government of Georgia. In practice, cosmetic products imported from recognized markets do not require additional testing — provided the country of origin is on the list.
Where a technical regulation does not set specific safety requirements for a product, the requirements established by Chapters II and III of the Code apply — it is this clause that brings cosmetic products under the general safety regime. Another important rule: a product whose safety characteristics are substantially modified is considered a new product and must comply with the technical regulation when placed on the market or put into use.
Producer Duties in Ensuring Safety
The producer is obliged to place only safe products on the market. Within its competence it must warn consumers of any visible or invisible risk the product contains during its intended use and over its predetermined period — including risks that may not become apparent immediately. If the risk cannot be avoided, the producer must take every measure to eliminate it: analyse the risk, take appropriate action, warn consumers and, where necessary, recall the product from consumers and from the market.
A producer must not distribute a product which, on the basis of information and knowledge available to it, does not comply with mandatory safety requirements. A distributor, within the scope of its activity, must support the safety of products placed on the market, and producers and distributors must cooperate with the competent authorities. If they know — or on the basis of the information and professional knowledge at their disposal should know — that a product they placed on the market carries a risk non-compliant with established safety requirements, they must immediately inform the competent authority and provide data identifying the product or its batch, complete information on the risks, information enabling traceability, and a description of the measures needed to avert the risk.
Safety Assessment — What Is Measured in a Cosmetic Product
When assessing product safety, account is taken of the product's characteristics — its composition, packaging, instructions for assembly and, where appropriate, installation and repair; its effect on other products where joint use can reasonably be anticipated; the product's presentation, labelling, warnings, instructions for use and disposal, or any other information concerning it; and the age categories of consumers who may be harmed by using the product. For cosmetics these criteria translate directly into composition, packaging, labelling, and whether the product is intended for particular age groups.
A key principle: a safe product may not be deemed hazardous merely because a higher level of safety could be achieved or because a safer product exists. The object of assessment is the product's own conformity with the established requirements, not theoretically attainable perfection.
Consumer Information and Labelling
The producer or distributor must provide the consumer with essential, truthful and complete information enabling an informed choice. For a cosmetic product this means the consumer must receive: the product's name and type; the manufacturer's trade name and address and the country of manufacture; where applicable, the durability period, since the consumer properties of cosmetics deteriorate over time; weight or volume; the list of principal consumer characteristics; the rules and conditions for effective and safe use and any special storage conditions; warranty or other obligations where assumed; and the actions to be taken by the consumer after expiry of the durability period, together with the consequences of inaction.
The core part of this information must be in Georgian — for importers of cosmetics this is one of the most practical requirements, since partial translation of a foreign label often does not suffice. Where a product is sold with a warranty, the producer must honour its terms, but a warranty does not release a person from liability for damage established by the Code. The requirements extend to component parts of the product as well.
Producer Liability for Damage and Administrative Fines
The producer is liable for damage caused by a defective product it placed on the market. Where the producer cannot be identified, the person who in fact placed the product on the market is deemed to be the producer, unless it informs the injured party within a reasonable period of the whereabouts of the producer or of the person who supplied it the product. The burden of proving the damage and the causal link lies on the injured party. Where two or more persons are liable for the same damage, they are jointly and severally liable. The producer remains liable even where the damage results simultaneously from the defective product and the act of a third party; where the injured party's own improper conduct contributed, liability may be reduced or excluded.
An administrative sanction is provided for failure to comply with a recall order of the market surveillance authority: an economic operator's failure to comply with an order to recall product or products is punished by a fine of 5 000 to 7 000 GEL, and repeated non-compliance by a fine of 7 000 to 10 000 GEL. Ignoring a demand to withdraw hazardous cosmetics from the market therefore carries a concrete and material penalty.
Frequently Asked Questions
Is there a separate law on cosmetics in Georgia?
No. Cosmetic products are governed by the general regime of the Product Safety and Free Circulation Code, since no specific technical regulation has been adopted for them.
Does imported cosmetics need additional checks?
If the product is manufactured in a country with adequate safety standards and developed infrastructure, it is placed on the market without restriction. The list of such countries is determined by the Government of Georgia.
What information must appear on the label?
Name and type, manufacturer's name and address, country of manufacture, durability period, weight or volume, list of characteristics, conditions of use and storage — the core information must be in Georgian.
Who answers for damage caused by a cosmetic product?
The producer is liable for damage caused by a defective product; if it cannot be found, the person who actually placed the product on the market. Proving the damage lies on the injured party.
What fine applies for ignoring a recall order?
From 5 000 to 7 000 GEL, and from 7 000 to 10 000 GEL for repeated non-compliance.
How We Help on Legal.ge
The Legal.ge team assists importers, producers and distributors of cosmetic products: assessing product conformity with safety requirements, preparing labelling and consumer-information documentation, representing clients before market surveillance authorities, and protecting interests in damage compensation and fine cases. Contact us for an assessment of your situation under the applicable norms.