ADULTERATION IN COSMETIC PRODUCTS

Under the guidance of

Prof.

Submitted by

BA-LLB(Hons.)

[1]
 Declaration

I hereby declare that the work reported in this project report entitled “Adulteration in
cosmetic products” submitted at NMIMS School of Law, is an outcome of my work carried
out under the supervision of Prof. Bindu Dubey. I have duly acknowledged all the sources
from which the ideas and extracts have been taken. To the best of my understanding, the
project is free from any plagiarism issue.

Ananya Singh
NMIMS School of Law
4th march, 2019

List of acronyms and abbreviation

[2]
1. Gov for government

2. Ltd for limited

3. Pvt for private

4. Ltd for limited

5. Ors for others

6. SCC for supreme court cases

7. V. for versus

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Serial Topic Page
number number

1. List of cases 5

2. Introduction 6-7

3. Objectives 8

4. Research questions 9

5. Research methodology 10

6. Scope of research 10

7. Review of literature 11

8. Limitation 12

9. Analysis 13-15

10. Data analysis 16-17

11. Opinion/conclusion 18

12. Annexure 1 19

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List of cases:

1. Indian soap and toiletries association v. Ozair Husain and others

2. Kanwaralal and co. v. the joint commissioner of customs

3. The drugs inspector and ors. v. Fizike laboratories

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Introduction

Cosmetic products have become part of our day to day life, by constant advertisements on
media platforms making one feel the need as well as the urge to buy it, popular brands are often
found on our shelves, their main target being youth and woman. Without denying it is one of
the biggest industries in the market, selling their product on the basis of their consumers
insecurities, making girls as well as boys insecure about the way they look and how their skin
tone should be and in my opinion it is borderline racism, big multinational brands portraying
that how having a “dull skin” is equivalent to having a bad mood, due to huge impact of media
and we subconsciously let these things sink into our thinking but this is not the issue here, the
main problem is people often buy these products on the basis of false advertisement without
checking the contents of the product and how bad the side-effects of these products could be.
These products are used everyday by almost everyone, even babies need to have soft skin, there
is nothing wrong in using these products but what we fail to see that these products have more
side effect over the period of time, than they claim to be beneficial to us. So many products are
imported, so many products are fake and use false brand names and are circulated in the market
and the consumer is not aware. ‘caveat emptor’ which means the buyer should beware of the
dangers, consumers are often coned, and the products are adulterated.

What is Adulteration?
the action of making something poorer in quality by the addition of another substance. – this is
how google defines it, so basically mixture of cheap quality chemicals or any other such
substance in cosmetics which compromises its overall quality and could result in being very
harmful just so that they could sell it for cheaper rates.

Harmful substance found in cosmetic products:

hydroquinone is normally added to brightening items for more pleasant appearance or to treat
pigmentation issues, this chemical gives fast and desired results but due to continuous use of
these products one can have rashes, discomfort, skin-discolouration, gradual black and blue
spotting on the skin and making the skin weaker and hypersensitive.
Tretinoin or anti-infection agents are regularly added to items expected for skin break out
treatment, this reduces the natural layering of skin making the skin more prone to UV Rays and
connect with direct UV ray causes skin damage and makes us more susceptible to skin cancer.
1

1
http://www.moh.gov.bn/Lists/Latest%20news/NewDispForm.aspx?ID=181 (march 3, 2019, 8:26 AM)

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Utilization of items containing mercury can make harm the kidneys and sensory system. It
might likewise meddle with the mental health of unborn and extremely youthful youngsters.
Mercury may likewise influence encompassing individuals particularly kids as mercury can get
into their bodies by breathing in the mercury vapours. Babies and kids can likewise accidently
ingest mercury when they contact the products containing mercury on their parents who have
utilized these items. Utilizing items containing mercury can likewise cause skin rashes,
bothering and other unwanted changes to the skin.
How often does one even check the contents labelled behind the products before buying them?
rarely ever. We watch these glorifying advertisements which makes us feel we need these
products and personally I can vouch that it is difficult to refrain oneself from buying these
products. My aim is to make people aware of the ill-effects of these cosmetic products and
make more wise choice before buying anything.
The chemicals used in cosmetic products are often harmful to our skin and we use them to have
a miracle on us, but they end up doing the opposite, the products claim to be 100% natural but
when you read the contents label there will be some or the other kind of preservative chemical
in the product. There are cosmetic products for everything you name it and you will find it in
the market near you. A 10rupee cream tube claims that it can make you brighter but altering
your natural skin tone, and the hysterical part is people actually fall for it. So many times,
we’ve had allergic reactions to something as basic as soap. Most of the time these products are
safe but sometimes we don’t understand that cosmetic products have long term effects and they
slowly start reacting to your skin.
We as consumers need to be more careful and aware about the harmful effects of these cosmetic
products.

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Objectives:

 To understand the harmful effects of cosmetic products.

 To analyse relevant laws pertaining to adulteration in cosmetic products.

 To study case laws relating to adulteration in cosmetic products.

 To study and research on the problems pertaining to harmful effects of cosmetic

products.

 To identify the reasons as to why people are inclined towards buying these products.

 To have a better understanding of the research topic.

 To critically examine the rigidity and validity of the laws in place.

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Research questions:

1. How effective are the laws prevalent regarding adulteration of cosmetics?

2. How often does a buyer checks content of the beauty products before buying
them?

3. Does the customer buy a product just because of the advertisement they saw?

4. Does the customer believe that the advertisement can be misleading?

5. Does the customer check if the product is cruelty free that is if its being tested
on animals or not?

6. Is the product true to what they claim to be and to do?

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Research methodology:
There are two research methodology adopted for the research purposes one is Doctrinal legal
research and the other is non-doctrinal legal research.
Doctrinal legal research method: this methods involves systematic analysis of statutory
provisions and legal principles, logical and rational ordering of legal proposition and principles.
The conventional approach to do a research, legal aspect and laws are taken in consideration.
It researchers into the law and legal sources like appeal courts decisions, case laws, statutes
and rules.

Non-doctrinal research method: it is also termed as empirical research is more concerned with
social values and people thus primary data is collected and used in this type of research. Here
field work is done, and it is the most important part. Thus, the scope is wider. Tries to find out
effect of laws and statues on the people. Range of techniques are used to conduct non-doctrinal
research.

I have used simple random sample method to answer some research question.
Simple Random sample: it is chosen in such a way that all individuals in population have an
equal chance of being included in it, you chose random group of people and provide them with
set of questionnaire to get answers and conclusions to your hypothesis. An online questionnaire
was prepared with questions related to research and circulated among random group of people.

Scope of research:
This research work will include the issue pertaining to adulteration in cosmetics.
Section10A. of Drugs and cosmetic Act, 1940 states that Power of Central Government to
prohibit import of drugs and cosmetics in public interest “the Central Government is satisfied
that the use of any drug or cosmetic is likely to involve any risk to human beings or animals”
As the section clearly mentions risk to animals, how testing of cosmetic products on animals
are allowed and if allowed then till what extent and which product are tested on animals and
are imported to India are allowed or not if allowed then till what extent.
Are the laws stringent enough regarding the adulteration of cosmetics, will be covered under
this research. What are the standards set for cosmetic products by the government for them to
be safe? Are misleading advertisements also included under section 9C of the Drugs and
cosmetics act 1940? Section 9C of drugs and cosmetic act, 1940 states about misbranding of
cosmetic products, in terms of colours, contents, labels and false or misleading statements by
the manufacture.

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Review of literature:

1. Lead in cosmetics2
This article talks about how lead can be found in some of these cosmetics product, as lead is a
natural element found in the earth. The food and drug regulatory body tries to limit the usage
and exposure of lead to the consumers.
Then it covers the products used regularly by the cosmetic industry and the presence of lead in
them.
The colour additives, this is used to dye hair and the chemical used can be very harmful and if
not properly tested before launching in the market it could contain lead. It also states that there
is permissible limit of lead which can be used as 90% of lip products contain lead in them. The
most care is to be given to kohl or kajal, in which not only lead but various other metals are
also found.
This article is very well written and formatted, it can be understood by laymen and can be used
to spread awareness among the people, make them use these products more carefully.

2. Legally blonde 2: red, white and blonde.

This movie is directed by Charles Herman-Wurmfeld, this has a female protagonist and is
centric around her, it deals with her finding out that he pet dogs mother is subject to animal
testing, in a hysterical and light scenario way the movie deals with a serious issue of animal
testing, where these creatures are subject to human cruelty just because they don’t have their
own voice, after seeing this issue she is woke and determined to put an end on animal cruelty,
she manages to pass a bill in the parliament regarding ban on animal testing.
This movie very well highlights the issue and is a must watch, how supressing and gross animal
testing can be and how these poor animals suffer just because they don’t have their voice. This
is a well-directed movie, not only dealing with animal cruelty but also gender stereotypes and
political difficulties one faces.

2
https://www.fda.gov/cosmetics/productsingredients/potentialcontaminants/ucm388820.htm ((march 4,
2019, 9;20 AM)

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Limitations:

There are certain limitations in this research product

 The survey conducted was a simple random sampling, having no control over the
demography of the group the answers might be influenced.

 My personal biases could have affected the writing of the research, even though I have
tried stay as neutral as possible.

 Limited accessibility to case laws for the research purposes.

 Data collection, personal experience of an individual might have influenced the

outcome of the survey.

 Prone to human error, could contain inaccuracy in data.

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Analysis:

1.How effective are the laws prevalent regarding adulteration of cosmetics?

The drugs and cosmetic act of 1940 is the prevalent bare act regarding to animal cruelty.
Relevant sections,
17C. Misbranded cosmetics. For the purposes of this Chapter, a cosmetic shall be deemed to
be misbranded, --
if it contains a colour which is not prescribed; or if it is not labelled in the prescribed manner;
or if the label or container or anything accompanying the cosmetic bears any statement which
is false or misleading in any particular.
17D. Spurious cosmetics.—For the purposes of this Chapter, a cosmetic shall be deemed to be
spurious,--
if it is manufactured under a name which belongs to another cosmetic; or if it is an imitation
of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to
deceive or bears upon it or upon its label or container the name of another cosmetic unless it is
plainly and conspicuously marked so as to reveal its true character and its lack of identity with
such other cosmetic; or if the label or container bears the name of an individual or a company
purporting to be the manufacturer of the cosmetic which individual or company is fictitious or
does not exist; or if it purports to be the product of a manufacturer of whom it is not truly a
product.
Section 9C states about misbranding of cosmetic products, in terms of colours, contents, labels
and false or misleading statements by the manufacture.
Section 9D talks about if that particular brand is not what it states to be it spurious- fake/false
in nature.
Section 10 states that certain products would be banned and the import of certain products not
matching the standards, the sale of such product will not be allowed in India.
Section 10A states that under public interest some cosmetic products and drugs will be
completely banned in India.
One can file a complaint under these sections and some other if their cosmetic product is not
up to mark, but the punishment under the act is not stringent enough, hence most of the
complaints filed are combined with Code of criminal procedure (crpc).

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• Kawaralal and co. V. the joint commissioner of customs3
the petitioner imported certain drugs from Chennai, and the Chinese suppliers stated to have
issued a Certificate of Analysis. The petitioner's case is that, while mentioning the batch
number, there is a difference in one of the alphabets in the batch number. This led to a dispute,
as to whether the drug the Authorized Laboratory has certified that the sample drawn confirms
to the standards. In such circumstances, it cannot be stated that the Drugs are spurious, because,
Certificate of Analysis is given by Chinese Suppliers, and the respondents are not entitled to
invoke Section 9d of the Drugs and Cosmetics Act, 1940.
Even though this case couldn’t proceed under section 9D on Drugs and cosmetics act 1940, it
was held in favour of respondent Section 111D of custom act.

 The Drugs Inspector and Ors. Vs. Fizikem Laboratories Pvt. Ltd. and Ors.4
The brief facts which are necessary for disposal of this appeal are that the Inspector of Drugs
inspected some of the business premises of these respondents where Ozomen capsules and
Ozomen forte were available for sale. He took the samples and after taking the sample he sent
the same to the Government Analyst, Hyderabad for analysis. The Government Analyst
submitted his report declaring that Ozomen capsules under different batches contained 45.2 mg
of sildenafil citrate per capsule. The persons from whom the samples were taken were called
upon to disclose the name of manufacturer and on disclosure of the name of manufacturer,
prosecution was launched against the respondents for contravention of Sections 18), 18(a) (i)
read with Section 17B(d) of the Act namely, prohibition of manufacture and sale of certain
drugs and cosmetics which are misbranded, spurious and substituted wholly or in part by
another drug or substance and the Central Government prohibited manufacturer etc. It is this
action initiated by the Drugs Inspector which was challenged. The respondents were arrayed
as accused for the aforesaid offences because they had no licence for the manufacture of
Ayurvedic drug sildenafil citrate and they were mislabelling the Ayurvedic drugs. The
sildenafil citrate is a new drug and it is patent and proprietary medicine. It is an allopathic drug
used for erectile dysfunction. The respondent accused company was holding Allopathic as well
as Ayurvedic licence, but the company does not hold the licence to manufacture sildenafil
citrate. The information was received by the Drugs Inspector that sildenafil citrate
manufactured by these companies for various medical establishments in the State of Andhra
Pradesh had no licence to manufacture sildenafil citrate. Ozomen forte capsule contained 33.9
mg to 46.82 mg of sildenafil citrate per capsule. Therefore, the question was whether the
respondent- company which are manufacturing Ayurvedic drug and had no licence for
manufacturing sildenafil forte could be prosecuted under Chapter IV or not.

Held: supreme court of India held that the, accused is responsible and shall be prosecuted and
appropriate punishment shall be granted.

3
(Kawarlal and Co. vs. The Joint Commissioner of Customs (Gr.2) and Ors. (12.12.2017 - MADHC) :
MANU/TN/4258/2017)
4
The Drugs Inspector and Ors. Vs. Fizikem Laboratories Pvt. Ltd. and Ors. (MANU/SC/7353/2008)

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  Indian soap and toiletries association v. Ozair Husain and others5
Issue: the complainant wanted symbol of veg and non-veg on medicines and cosmetic products,
if they contained any such substance. The court opined that, cosmetic products are applied
externally and having symbol of non-veg on products because one’s sensitive feeling doesn’t
make complete sense, making it mandatory doesn’t seem reasonable.
we can observe that this act is effective, and courts can be approached for the violation of rules
under Drugs and cosmetics act.

 10A. Power of Central Government to prohibit import of drugs and cosmetics in public
interest “the Central Government is satisfied that the use of any drug or cosmetic is
likely to involve any risk to human beings or animals” (Drugs and cosmetic Act, 1940)

As the section clearly mentions risk to animals, so what is the position of India on animal
testing.
Allowing animal testing would be clear violation of this act, and till 2013, India allowed
testing of products on animals. In 2013, India banned testing of chemical ingredients as
well as testing of final products on animals, under Section 15(1) of the Prevention of
Cruelty to Animals Act, 1960. But this rule is only applicable to products manufactured in
India and not imported products, and I see this as a huge drawback.

5
Indian soap and toiletries association v. Ozair Husain and others (2013) 3 SCC 641

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Data analysis:
Analysis of the data based on the online survey conducted.6

 How often does a buyer checks content of the beauty products before buying them?
65% of the respondent sometimes, whereas 25% said never and 10% said always.
This shows that consumers equally are unaware and not woke enough to check the products
before using, the cosmetics can be adulterated, and the consumer might still end up buying
because of their casualty.
So, we can conclude that very rarely buyers check the content of the products and they are not
aware.

 Does the customer buy a product just because of the advertisement they saw?
66% said maybe, 25% said no and 10% said yes.
Advertisements mostly claims false things, like applying deo will attract the opposite gender.
Most people said that advertisements do influence their purchasing decision.
We can conclude that customers do buy the products after watching commercials.

 Does the customer believe that the advertisement can be misleading?

100% of the respondents said that they believe, they are hardly ever changed in courts because
who would sue a million dollar company for a 100rupee product, but the claims they make
through advertisements are completely misleading, they are so absurd, they claim that you can
be fairer within 10 days of application of this product and I think everyone is aware that India
is a country of brown people and no cream can make you “white”, they feed on our insecurities
and sell these products.
We can affirm that advertisements are misleading.

 Does the customer check if the product is cruelty free that is if its being tested on
animals or not?
35% said yes and 65% said no, it is difficult to know if the product is cruelty free or not due to
lack of transparency in the system but there are some manufacturers who are listed on PETA’s7
website and one could refer to that.
We can conclude majority of the people are not aware and they do not check if the product they
are using is cruelty free or not.

6
Annexure 1
7
https://www.petaindia.com/living/products/caring-consumer/companies-test-animals/ (march 3, 2019, 9:40
PM)

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  Is the product true to what they claim to be and to do?

50% said maybe, 25% said yes and 25% said no.
So, we can observe that the maximum said that they are not sure about if the product they are
using true to what they claim to be.
We are often conditioned to think that the product is working and doing its job, but they often
start having bad reaction on us after some time period.
Here we can state a definite conclusion, but the majority is unsure about the effects of the
products they are using.

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Opinions/conclusion:

After extensive research I have come to some conclusions.

Cosmetics products are adulterated there is no denying that and people are going to use these
products as everyone wants to maintain their hygiene and have a healthy body, but not all
products are true to what they claim to be and there is remedy.
One can always approach the courts in regard to any such issues, consumer forums are available
for customer redressal where one could go and express their issues and concerns about a
respective problem they are facing. But lawsuits are expense and people often refrain from
approaching courts and that’s a different issue altogether.
Another issue I would like to be curbed is misleading advertisements, before releasing a
commercial it should be approved as these advertisements are capable of playing psychological
role, where they sink into our minds subconsciously. Any advertisement which is claiming to
do something, and the thing is the sole reason for the person to buy that particular product then
if the product fails to do so then the customer should be given compensation.
Animal testing is banned on the products manufactured in India since 2013, but the law exists
since 1940, where it says that the product shouldn’t be harming animals and for so long animal
testing was allowed and even today imported products which are tested on animals are allowed,
the import of such products should also be restricted as our laws very clearly don’t comply to
them. Animal cruelty is a grave thing to do and upon practicing animal testing there should be
serious consequences.
Fake product, manufacturing of a product under some other brand name, fictitious name all of
this is not allowed according to the drugs and cosmetic act 1940, but we still observe fake
products being sold in the market and especially on online portals, the regulation on
manufacturing factories should be more strict, the only way these local manufacturers get
supply of chemicals is because of corruption, the laws and punishment pertaining to this issue
should be stricter and buyers should be more aware “caveat emptor”.

 This research work has given me a great opportunity to read and study upon this topic,
enhance my knowledge and have a better understanding on this issue, how adulteration
is a prominent issue and what remedies do we have and how the laws and case laws
work in regard to this issue. The questionnaire conducted also helped me understand
how the society feels in regard to this issue and how it is affecting everyone as these
products have become part of our day to day.
This research work has given me a better perspective and understanding on this topic.

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Annexure 1

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