Advanced skincare products, meaning products containing active ingredients, such as alpha-hydroxy acid (AHA), beta-hydroxy acid (BHA), hyaluronic acid, and vitamin A (retinol), have seen a surge in popularity in recent years, especially among younger consumers. While advanced skincare often promises improved skin texture, acne treatment and other promising results, they can also have negative side effects.
Recently, younger individuals have gravitated toward skincare products containing active ingredients. The allure of quick results drives younger people to try products with active ingredients, and social media platforms are overfilled with influencers and celebrities endorsing rejuvenating skincare routines despite their young age. Concerns has been raised regarding the negative impacts such active ingredients have on children, considering younger people have a more sensitive skin than adults. Many younger consumers following medial trends are unaware of the potential risks that advanced skincare products may have on their skin.
What measures are being taken?
Swedish media has lately covered the issue of children using advanced skincare products. Several Swedish companies have responded by introducing age restrictions for such products. For instance, one Swedish pharmacy chain now enforces a minimum age of 15 years for purchasing items containing certain active ingredients without parental consent. Additionally, a Swedish skincare brand has set an age limit of 18 years for purchasing any products from its website and encouraged its resellers to do the same.
Other Swedish companies have implemented age recommendations or warnings, while some have publicly expressed their intention to move in a similar direction. Companies are also welcoming discussions with relevant branch organisations for a joint approach.
Measures are also being implemented beyond Sweden’s borders, reflecting a global trend. For instance, actors in other countries have taken measures such as issuing warnings and age-specific recommendations for advanced skincare products.
What does the law say?
Currently, neither EU law nor Swedish law regulates age restrictions for skincare products containing active ingredients. However, as a result of rapid advancements in science and technology, the field of cosmetics, including skincare, undergoes constant legislative modification. Indeed, as recent as on 4 April 2024, the Official Journal of the European Union released Commission Regulation (EU) 2024/996, which modifies Regulation (EC) No 1223/2009 concerning cosmetic products, meaning that the new provisions will enter into force 24 of April 2024. Regulation (EU) 2024/996, which has direct applicability in all Member States, implements further restrictions and bans on the use of certain ingredients, including vitamin A, in cosmetic products. In addition to regulating allowed levels of the substances, labelling requirements are also introduced for products containing them.
From 1 November 2025 cosmetic products containing the substances addressed in Regulation (EU) 2024/996, and not complying with the conditions shall not be placed on the Union market. This date is addressed to the “Responsible Person”, which can be the manufacturer (if based in the EU), the importer, the distributor or a third party located in the EU who has been designated by a written mandate. From 1 May 2027, cosmetic products containing the substances and not complying with the conditions shall not be made available on the Union market. The later date targets distributors of such products.
This new Regulation (EU) 2024/996 does not impose any age restrictions for active ingredients in skincare. However, given the increasing stringency of legislation surrounding cosmetic products and the fact that the industry are taking proactive measures, it is not unlikely that we will witness the introduction of regulations related to age restrictions or similar measures in the near future. Notwithstanding the absence of age restrictions stemming from law, we can see a clear trend towards voluntary implementation on age restrictions and similar measures for advanced skincare in Sweden.
Bird & Bird has a dedicated team who is continuously following the updates in this field, and we are keen to discuss this progress further with you.
For further information, please contact:
Caroline Grotenfelt, Partner, Bird & Bird
caroline.grotenfelt@twobirds.com
