The Parliament of Bangladesh has recently enacted a new law known as the Drug and Cosmetics Act 2023 (the “Act”). While Bangladesh has previously had regulations pertaining to drugs, this new act marks the first comprehensive law addressing cosmetics within the country.
Key Provisions Relating to the Cosmetics:
- License of Cosmetics: No one can manufacture, distribute, import, or export cosmetics without a license from the Directorate General of Drug Administration (“DGDA”). The process, qualification and other conditions for obtaining a license will be determined by rules.
- Registration of Cosmetics: Similar to licensing, no one can manufacture, distribute, import, or export any type of cosmetics without obtaining registration from the DGDA. The process, qualification and other conditions for obtaining a license will be determined by rules.
- Special Provisions for Existing Cosmetics: Existing factories or business establishments involved in the manufacture, distribution, import, and export of cosmetics must apply for license and registration within 6 months from the date of the making of rules.
- Power of Inspection: Government appointed inspector may inspect the any place where cosmetics are stored, produced, sold, distributed and any responsible person must assist the inspector so that the inspector can conduct the inspection.
- Determination, Control, Enforcement of Cosmetics: The government may determine and control the standards of cosmetics, laboratories, analysts and their reports, advertising and other matters incidental thereto through rules. In determining the quality of cosmetics, existing Bangladesh standards and international standards can be followed.
- Restrictions on Use: without the supervision of any doctor registered with the Bangladesh Medical and Dental Council (BMDC), any person shall not apply fillers, botox, glutathione or any similar cosmetics to the human body by injection or otherwise.
- Regulations on Use in Beauty Parlors: The government may make necessary provisions relating to the application and use of cosmetics in beauty parlors to prevent misuse and abuse of cosmetics.
- Fake or misbranded Cosmetics: No one can manufacture, sell, store, distribute, or exhibit for sale any misbranded, counterfeit, or adulterated medicines or cosmetics. DGDA is responsible for approving the brand names and registering the medicines and cosmetics.
Clients are advised to await the rules that will be promulgated under the Act and to apply for registration in their own name, rather than in the name of their local agent or local importer, if such a practice is permitted by the rules.