Are Nigerian-Made Cosmetics Products Required to be registered with NAFDAC?
Cosmetics products fall within the category of products regulated in Nigeria. NAFDAC requires the registration of all cosmetics products in Nigeria, including Nigerian-made cosmetics products that are sold and circulated in Nigeria.
What Regulatory Body is in Charge of Registration of Cosmetics Products?
NAFDAC is responsible for the regulation and control of the manufacturing, importation, exportation, distribution, sale and use of cosmetics in Nigeria. The Commission sets guidelines which Nigerian-made cosmetics products must comply with.
Importance of registering cosmetic products with NAFDAC
It is very important for manufacturers to register their cosmetics products, and there are several reasons why they should:
- NAFDAC requires cosmetics products manufactured in Nigeria to be registered with the Commission before they are sold or released to consumers in Nigeria.
- All cosmetics products manufactured in Nigeria must go through necessary NAFDAC quality assurance tests. This is to ensure that they are fit for use by consumers.
- Failure to register Nigerian-made cosmetics products with NAFDAC can lead to NAFDAC seizing the goods and taking them off the Markets for non-compliance.
Regulatory Frameworks for Cosmetics Products in Nigeria
There are laws and regulations made which govern the manufacture, distribution and sale of Nigerian-made cosmetics products. They are:
- National Agency for Food and Drug Administration and Control Act.
- Cosmetic Products Regulation, 2023.
- Cosmetic Products Labeling Regulation.
- Cosmetic Products Advertisement Regulation.
- Guidelines for the Registration of Cosmetics Made in Nigeria.
Categories of cosmetics products regulated by NAFDAC in Nigeria
There are categories of products which is labeled as “cosmetics” and they are: Skin care, Oral care, Sun care, Hair care, Decorative cosmetics, Body care and Perfumes.
What Regulatory Authority Can a Nigerian Manufacturer Apply to Register their Cosmetics Products?
The National Agency for Food and Drugs Administration and Control [NAFDAC] is responsible for the registration and regulation of all cosmetics products in Nigeria. NAFDAC can be visited on https://www.nafdac.gov.ng
Filing of Separate Applications for Registration
A manufacturer or product owner applying to register their cosmetics products will have to file separate applications for each product they are trying to register.
Documents Required for Cosmetics Products Registration
For a manufacturer to register their Nigerian-made cosmetics products with NAFDAC, they are required to prepare and submit the underlisted documentation for the application process:
- Application letter addressed to the Director-General (NAFDAC).
- Evidence of business registration by the Corporate Affairs Commission [Certificate of Incorporation]
- Contract Manufacturing Agreement (where applicable).
- Evidence of Trademark Registration of Brand Name
- Cosmetics Product Labels/artwork
- Comprehensive Certificate of Analysis
Application Process
The application process for the registration of Nigerian-made cosmetics products in Nigeria can be split into three phases/steps. Do take note of all the aforementioned documents which are to be supplied to NAFDAC during the application process.
Step 1 – Application to the Commission
For your Nigerian-made cosmetics products to be considered for
Certificate of Incorporation: An individual cannot apply for NAFDAC registration of Nigerian-made cosmetic products in Nigeria. Only incorporated entities can apply, and such entities must have their certificate of incorporation as proof, to be shown to NAFDAC. For more information on registration of companies and businesses in Nigeria, see: “Comprehensive Guide to Registration of Companies in Nigeria”.
Certificate of Trademark Registration: An applicant applying to register their cosmetics products with NAFDAC must also submit proof of registration of their brand name as a trademark with the Ministry of Commerce, Trade and Industry. This is a mandatory requirement as well. Please see article: “Comprehensive Guide to Trademark Registration in Nigeria”.
Comprehensive Certificate of Analysis: You are required to submit a comprehensive certificate of analysis of the product from a laboratory showing that the products meets all necessary requirements and specifications. They are results from testing actual batches of the product as part of quality control assurances.
Product Labels/Artwork: NAFDAC specifies requirements that cosmetics product labels must meet to prevent delays in the application process. The labeling must meet specifications as designated in the Cosmetic Products Labeling Regulation.
Application Fees and Payment
Payment for registration is not uniform—different tariffs apply to different category of enterprises, as follows:
Micro Enterprise: ₦22,000
Small Enterprise: ₦66,000
Medium and Large-scale Enterprise: ₦85,000
The aforementioned prices are payable per product sought to be registered.
Step 2 – Inspection of Facility
If you are registering your cosmetics products for the first time with NAFDAC, then NAFDAC is required to inspect the facility where the cosmetics are being produced. This inspection is for quality assurance purposes; that the facility meets the required standards. Upon inspection, NAFDAC will issue a Certificate of Good Manufacturing Practice which can then be used for subsequent applications while the certificate retains its validity.
Step 3 – Approval
If your documents are in order, and NAFDAC has inspected same together with the facility where the cosmetics products are being manufactured in Nigeria, then NAFDAC upon satisfaction that all requirements were met will issue a Notification of Product Registration to the applicant. This Notification is temporary and will subsist until the Commission formally issues a Certificate of Product Registration to the applicant in respect of the products registered.
Compliance with NAFDAC Regulations
To get your Nigerian-made cosmetics products registered with NAFDAC you must ensure that you meet all necessary requirements and comply with regulations, as failure to do so will lead to registration delays and queries, or even an outright rejection of the application.
Conclusion
Nigerians have money to spend on skincare, and they do spend sizable portions of their income on cosmetics products. To protect Nigeria’s population, NAFDAC makes it a mandatory requirement for manufacturers of cosmetics products in Nigeria to register their products with the Commission or risk having them confiscated and removed from the markets.
If you are a Nigerian manufacturer of cosmetics products but you’re yet to register your cosmetics products with NAFDAC, we invite you to reach out to us and we will be happy to guide you through the process. Kindly send an email to contact@kabbizlegal.com or call us on +234864231176, or alternatively click the link here to chat us on WhatsApp. We respond to all business enquiries within twenty-four hours.
This article was written as a Thought Leadership post for our Product Registration practice group at Kabbiz Legal & Advisory.
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