What is the policy?
Cosmetics and perfumes that aren't allowed include, but aren't limited to:
- Cosmetic and perfume testers
- Cosmetics and perfumes that have been transferred into another container (such as a bottle, flacon, can, or tube)
- Cosmetics and perfumes that were placed on the market outside the UK or the European Economic Area (EEA) and were imported into the UK without the rights owner’s consent (called parallel imports)
- Counterfeit cosmetics and perfumes pretending to be a branded product
- Items not in the original packaging
- Items where the trademark has been removed or altered
- Samples marked as “not for sale” (or similar, such as “for personal use only”)
- Skin-bleaching products
- Used cosmetics and cosmetic applicators (such as sponges or pencils) that haven’t been thoroughly cleaned prior to sale
- Used perfume, including partially filled bottles
How to sell permitted cosmetics and perfumes
Cosmetics and perfumes that we allow must follow these guidelines:
- Homemade cosmetics and perfumes - Homemade cosmetics and perfumes may be sold if they follow all applicable laws, including those of the cosmetics regulators
- Empty flacons - Empty flacons may be sold if no third-party rights are infringed. In addition, the listing must clearly indicate that the item for sale is an empty container
- Smell-alike perfumes - Smell-alike perfumes (also referred to as scent twins or dupes) may be sold only if the product name, attributes or description don’t refer to a well-known brand. This includes misspelling a brand name or otherwise attempting to allude to a brand, such as refilling an empty original bottle or via a similarly designed logo or package.
What laws apply to the sale of cosmetics and perfumes?
Cosmetics and perfumes may be sold only if the products and their listings follow applicable laws and policies. Here are some examples:
Cosmetics regulations
- The EU Cosmetics Regulation (EC) No. 1223/2009 - opens in new window or tab contains mandatory requirements for the manufacture, labelling, packaging and sale of cosmetics and perfumes. According to these regulations, certain information may be required on the cosmetic product, its packaging and the listing itself. This may include:
- The manufacturer name or person responsible for placing the product on the market
- The composition of the product (list of ingredients)
- Nominal net content at the time of packaging
- Information on the use and intended function of the product
- Information on the shelf life of the product (best before date and period-after-opening)
- Batch numbers or other identification marks
- Cosmetic products for professional use can be sold only to professionals and must display the warning 'For professional use only' on the packaging
- Per the EU Commission Regulation no. 2020/1682 - opens in new window or tab, nail products containing the substances HEMA and di-HEMA TMHDC can be sold only to professionals and must display the warning 'For professional use only' on the packaging
- The person responsible for the cosmetics or perfume must notify the product to the Cosmetic Product Notification Portal of the European Commission - opens in new window or tab (CPNP)
Trademark law
Cosmetic products and perfumes that are offered and sold using trademarks (such as names or logos) must follow national trademark law, the EU Trademark Regulation (EU) 2017/1001 - opens in new window or tab and the Counterfeit item policy.
What products are included in this policy?
This policy applies to cosmetics and perfumes as defined by the EU Cosmetics Regulation (EC) No. 1223/2009 - opens in new window or tab, including but not limited to:
- Bath and shower additives
- Cosmetic applicators, such as sponges, sticks and brushes
- Dental and oral-care products
- Deodorizing soaps, deodorants and antiperspirants
- External intimate care products
- Face, body and foot powders
- Nail polish and nail-care products
- Hair products for cleansing, conditioning, coloring, waving, setting, styling and removal
- Lipsticks and lip-care products
- Makeup, primers, bases and makeup removers
- Perfumes, colognes and eau de toilettes
- Shaving products (pre- and post-treatment)
- Skin-care creams, moisturizers, emulsions, lotions, gels, masks and oils
- Sunscreens and self-tanners
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
This policy helps to ensure that sellers follow important legal regulations so that all eBay users can choose from safe and legally compliant products and any rights of third parties are protected.