The Central Drugs Standard Control Organisation has intensified enforcement against imported cosmetics being sold in India without valid import registration.
Through a circular dated 22 July 2026, which was listed on the CDSCO website on 23 July 2026, the regulator directed State Licensing Authorities, CDSCO zonal and sub-zonal offices, inspectorates and port offices to maintain enhanced surveillance over imported cosmetics entering or being sold in the domestic market without registration. CDSCO’s official circular listing confirms the release, while the circular text sets out the surveillance directions.
The circular does not introduce a new registration requirement. Instead, it strengthens enforcement of the existing obligation under Rule 12(1) of the Cosmetics Rules, 2020, which prohibits the import of a cosmetic unless the product has been registered with the Central Licensing Authority.
The development affects overseas manufacturers, authorised Indian agents, importers, distributors, retailers, beauty-product stores, e-commerce sellers and other businesses involved in stocking, listing or selling imported cosmetics in India.
Key Takeaways
- Imported cosmetics must be registered before entering India.
- The product, foreign manufacturing site, variant and pack size must fall within the approved registration scope.
- CDSCO has directed both port-level vigilance and domestic-market surveillance.
- There is no new transition period or future compliance deadline.
- Businesses should treat the compliance requirement as immediate.
- Selling or stocking cosmetics imported in contravention of the law can attract enforcement under the Drugs and Cosmetics Act, 1940.
- The general penalty regime for cosmetics is scheduled to change substantially from 30 June 2027.
CDSCO Action on Unregistered Imported Cosmetics in India
What does the CDSCO circular say?
The July 2026 circular records that imported cosmetics were being sold in the domestic market without valid registration certificates.
CDSCO has accordingly requested:
- State Licensing Authorities and CDSCO zonal heads to direct inspectorates to enhance surveillance;
- inspectors to examine imported cosmetics being sold, stocked or offered for sale in the domestic market; and
- CDSCO port officers to maintain strict vigilance to prevent cosmetics from entering India without registration.
This means enforcement may occur at two levels:
- At the port, before the consignment enters the Indian market; and
- Within the domestic market, after products have reached distributors, retailers, warehouses or online sales channels.
Is this a new cosmetic-registration requirement?
No. The underlying requirement has existed since the Cosmetics Rules, 2020 came into force.
Rule 12(1) states that no cosmetic may be imported into India unless it has been registered under the Rules. An application is made in Form COS-1, and the Import Registration Certificate is granted in Form COS-2.
The official Cosmetics Rules, 2020 also show that Form COS-2 identifies the approved:
- Cosmetic or brand;
- Variant;
- Pack size;
- Actual manufacturer; and
- Manufacturing premises.
Therefore, possession of a registration certificate for one product or manufacturing site does not automatically authorise every cosmetic sold under the same brand.
What Counts as an Unregistered Imported Cosmetic?
An imported cosmetic may present a registration issue where:
- No Form COS-2 has been granted for the product;
- The foreign manufacturing site is not covered;
- The product or brand is absent from the certificate;
- A colour, shade, fragrance or other variant is not covered;
- The imported pack size falls outside the approved scope;
- The registration certificate has been suspended, cancelled or deemed cancelled;
- Retention fees were not paid within the prescribed period;
- The product is being imported through an entity that lacks the required authorisation or Import Registration Number;
- The formulation or manufacturing site has changed without the necessary endorsement; or
- Documents produced for verification do not correspond with the goods being imported or sold.
CDSCO’s cosmetics guidance states that the cosmetic, manufacturing premises, variants and pack sizes must be registered before import.
Form COS-2 and Form COS-4A are not interchangeable
Form COS-2 is the Import Registration Certificate covering the foreign manufacturer, manufacturing site and registered cosmetics.
Where a cosmetic is already registered under Rule 13, another importer may apply in Form COS-4 for an Import Registration Number in Form COS-4A. A business should therefore verify both the product registration and the importing entity’s applicable authorisation.
Who Is Affected by the CDSCO Cosmetics Enforcement Alert?
Overseas cosmetic manufacturers
Foreign manufacturers seeking access to the Indian market must ensure that the correct manufacturing premises, products, variants and pack sizes are included in the approved registration.
Authorised Indian agents
The authorised agent acts as a key regulatory link between the foreign manufacturer and CDSCO. The agent should maintain current authorisations, registration documents and post-approval compliance records.
Importers
Importers should verify the registration scope before placing purchase orders, shipping goods or presenting consignments for customs clearance.
Distributors and wholesalers
Businesses further down the supply chain should not assume that customs clearance alone proves that every product is covered by a valid CDSCO registration.
Retailers and beauty stores
Retailers may face inspection where imported cosmetics are stocked, exhibited, or offered for sale. Supplier invoices and verbal assurances should not replace documentary verification.
E-commerce sellers and marketplace operators
Online listings can make unregistered products visible to regulators and consumers across multiple jurisdictions. Sellers should verify the registration status before activating or continuing a listing.
Marketplace operators should strengthen seller-onboarding and product-documentation controls for imported cosmetics, although liability will depend on the operator’s role and the facts of the case.
Penalties for Selling Unregistered Imported Cosmetics in India
The July 2026 circular itself does not prescribe a separate penalty. Liability arises from the Drugs and Cosmetics Act, 1940 and the rules made under it.
Why sellers can face liability
Section 18(b) of the Act prohibits any person from selling, stocking, exhibiting, offering for sale or distributing a cosmetic that has been imported in contravention of the Act or its rules.
Accordingly, enforcement need not be limited to the importer at the port. A distributor or retailer found selling or stocking the affected product may also come within the statutory framework.
Current penalties applicable as of 28 July 2026
| Contravention | Relevant provision | Current statutory consequence |
|---|---|---|
| Selling, stocking, exhibiting or offering an ordinary non-compliant cosmetic for sale | Section 27A(ii), read with Section 18 | Imprisonment up to one year, or fine up to ₹20,000, or both |
| Selling a cosmetic that is also spurious or adulterated | Section 27A(i) | Imprisonment up to three years and a fine of at least ₹50,000 or three times the value of cosmetics confiscated, whichever is higher |
| Importing a cosmetic prohibited under Section 10 or applicable import rules, other than the aggravated category | Section 13(1)(b) | Imprisonment up to six months, or fine up to ₹500, or both |
| Importing cosmetics in contravention of the Act | Section 14 | The affected consignment may be liable to confiscation |
| Failure to disclose the supplier’s particulars when required by an Inspector | Sections 18A and 28 | Imprisonment up to one year, or a fine of at least ₹20,000, or both |
| Wilfully obstructing an Inspector or refusing to produce required records | Section 22(3) | Imprisonment up to three years, or fine, or both |
These provisions are contained in the Drugs and Cosmetics Act, 1940.
The applicable charge and final consequence will depend on the product, conduct, evidence and enforcement proceedings. A product that is merely outside its approved registration scope should not automatically be described as spurious or adulterated unless it independently satisfies the statutory definition.
Future penalty from 30 June 2027
The Jan Vishwas (Amendment of Provisions) Act, 2026 will replace the present punishment under Section 27A(ii) with a monetary penalty of:
₹1 lakh or three times the value of the cosmetics confiscated, whichever is higher.
The amendment removes the current imprisonment provision for this general category of cosmetic contravention and introduces an administrative adjudication mechanism. However, the revised provision will take effect only on 30 June 2027, under Ministry of Health and Family Welfare Notification S.O. 3286(E), dated 22 June 2026. Official Gazette notification and Jan Vishwas Act, 2026.
Until that commencement date, the existing Section 27A(ii) punishment continues to apply.
Inspection, Seizure and Operational Consequences
Powers available to inspectors
Under Section 22 of the Drugs and Cosmetics Act, an Inspector may:
- Inspect premises where cosmetics are sold, stocked, exhibited or offered for sale;
- Take samples;
- Examine invoices, records, registers and other documents;
- Search premises where an offence is reasonably suspected;
- Direct that affected stock not be disposed of for a specified period; and
- Seize stock and documents where legally justified.
Consequently, the commercial impact may extend beyond the monetary fine.
Potential business consequences
A non-compliant business may experience:
- Detention of consignments at the port;
- Seizure or restriction on movement of inventory;
- Removal of online listings;
- Interruption of distributor and retailer relationships;
- Loss of stock value;
- Consumer complaints;
- Increased scrutiny of other imported products;
- Contractual claims between brand owners, importers and distributors; and
- Reputational damage.
Liability of companies and responsible officers
Section 34 provides that where a company commits an offence, the company and persons responsible for conducting its business may be proceeded against.
Directors, managers, partners or other officers may also face exposure where an offence is attributable to their consent, connivance or neglect. The provision contains fact-specific protections where a responsible person can establish absence of knowledge or the exercise of due diligence.
Can a Retailer Claim That It Did Not Know?
Section 19(3) provides a limited, fact-dependent defence for a person who is not the manufacturer or its distribution agent.
The seller must establish all relevant conditions, including that:
- The cosmetic was acquired from a duly licensed manufacturer, distributor or dealer;
- The seller did not know and could not, with reasonable diligence, have discovered the contravention; and
- The cosmetic was properly stored and remained in the same condition while in the seller’s possession.
A purchase invoice alone may not demonstrate reasonable diligence. Businesses should maintain a documented verification process for imported cosmetics.
Immediate Compliance Checklist for Imported Cosmetics
1. Verify the Form COS-2 certificate
Confirm that the certificate is genuine, current, and issued for the relevant foreign manufacturer.
2. Match the manufacturing site
Check that the actual facility shown on the product and commercial documents appears within the registration scope.
3. Review every product and brand
Do not assume that registration of one cosmetic covers the manufacturer’s complete portfolio.
4. Match variants and pack sizes
Compare the imported shade, fragrance, flavour, presentation and pack size with the approved details.
5. Check the importing entity’s authorisation
Where the importer is not the Form COS-2 holder, determine whether Form COS-4A or another applicable authorisation is required.
6. Verify registration retention
Form COS-2 remains valid subject to payment of the prescribed retention fee before completion of each five years. Non-payment within the permitted late-fee period can result in deemed cancellation.
7. Conduct a label-compliance review
Review the product name, manufacturer and importer information, use-before date, batch details, net contents, ingredients, warnings and other applicable declarations.
8. Reconcile customs and supply-chain records
The invoice, bill of entry, registration certificate, batch details and warehouse records should describe the same product and manufacturing site.
9. Suspend doubtful listings or dispatches
Where registration cannot be verified, place the affected stock under an internal hold until the position is resolved.
10. Document corrective action
Record the products reviewed, gaps found, sales stopped, suppliers contacted, and corrective measures completed.
What Should E-Commerce Sellers Do?
Product-level documentation controls
Online sellers should maintain a compliance file for each imported cosmetic SKU containing:
- Form COS-2;
- Form COS-4A, where applicable;
- approved product and variant details;
- approved pack size;
- manufacturing-site details;
- Indian importer or authorised-agent details;
- compliant label artwork;
- supplier invoices; and
- batch and traceability records.
Marketplace listing controls
A general brand-level certificate should not be accepted as proof for every SKU. The marketplace or seller should check whether the exact product, variant and pack size are covered.
Deadline and Compliance Status
The circular does not provide a grace period, transition window or future compliance deadline.
Compliance status: Immediate and ongoing.
Businesses that cannot verify registration should not continue importing, dispatching, stocking or selling the affected product while relying on a pending application. Filing Form COS-1 does not itself authorise import or sale.
How LexAccord Global Can Support
LexAccord Global assists overseas cosmetic manufacturers, authorised Indian agents, importers, distributors and consumer-product businesses with:
- Cosmetic regulatory classification;
- Form COS-1 application support;
- Form COS-2 Import Registration Certificates;
- Form COS-4 and Form COS-4A support;
- Manufacturing-site, product, variant and pack-size reviews;
- Post-approval endorsements and changes;
- Cosmetic label and claims compliance;
- Registration-retention reviews;
- Import-documentation assessments;
- E-commerce SKU compliance audits; and
- Corrective-action planning for registration gaps.
Conclusion
CDSCO’s July 2026 circular signals stronger coordination between port officers, central zones, State Licensing Authorities and market inspectorates.
For businesses dealing in imported beauty and personal-care products, the key issue is no longer limited to whether a brand has “a CDSCO certificate.” The exact cosmetic, manufacturing site, variant, pack size and importing arrangement must match the approved scope.
Importers, distributors, retailers and online sellers should conduct an immediate product-level review and place unverifiable stock on hold before further sale or distribution.
Is CDSCO registration mandatory for every imported cosmetic?
Yes. Rule 12(1) provides that no cosmetic may be imported into India unless the product is registered in accordance with the Cosmetics Rules, 2020, subject to limited statutory exemptions.
Which form authorises the import of cosmetics into India?
An application is submitted in Form COS-1. The Central Licensing Authority grants the Import Registration Certificate in Form COS-2.
Does one Form COS-2 cover every product sold by a brand?
No. The approved certificate must be checked for the relevant product, brand, variant, pack size, actual manufacturer, and manufacturing premises.
Can another importer import an already-registered cosmetic?
An eligible entity may apply in Form COS-4 for an Import Registration Number in Form COS-4A for a cosmetic already registered under Rule 13.
What is the current penalty for selling an unregistered imported cosmetic?
Where treated as a general contravention under Section 27A(ii), the current punishment may extend to one year’s imprisonment, a fine up to ₹20,000, or both. The exact provision applied will depend on the facts.
Can inspectors seize unregistered imported cosmetics?
Inspectors have statutory powers to inspect premises, take samples, examine records, impose a temporary stop-disposal direction and seize stock where the legal conditions are met.
