Together, the coalition is urging the government to use secondary legislation under the Product Regulation and Metrology Act to hold online marketplaces directly accountable for the safety of products sold across their platforms.
The call to action that voluntary compliance and reactive product takedowns have consistently failed to stop the influx of hazardous, non-compliant goods, comes as recent consultations conclude and the government begins preparing the framework for the secondary legislation.
Tackling Unregulated and Toxic Goods Online
Over the past decade, repeated investigations by safety and consumer groups have uncovered thousands of dangerous items openly sold by third-party sellers, including many products across the beauty industry from electronics to cosmetics and fragrance.
The current reporting mechanisms have proven to not be fit for purpose with banned products finding their way back on sites often only days later. For the beauty sector, the proliferation of unregulated cosmetic products through these channels, which circumvent the regulatory hurdles that highstreet and reputable online platforms follow, represents a serious health hazard to consumers through exposure to banned chemicals, heavy metals, and incorrect labelling, directly undermining public trust.
Building on the #FacetheFakes Initiative
This push for statutory accountability follows the British Beauty Council’s recent partnership with the Intellectual Property Office (IPO) on the #FacetheFakes campaign which aims to address the surge in dangerous, counterfeit cosmetics circulating online.
Testing by Trading Standards revealed hazardous substances including mercury, excessive lead, and methanol in 40% of seized counterfeit beauty products, with nearly three in four buyers of fake cosmetics having purchased them via digital platforms. While Face the Fakes provides vital practical guidance to help consumers and beauty businesses identify counterfeit red flags, the council stresses that consumer education must go hand-in-hand with robust legal accountability for the online platforms that host these listings.
Colette Laxton, Co-Founder of the INKEY List explains why this issue is so important for brands like hers:
“At the INKEY List we have seen a huge rise in fakes of our INKEY products, often the same format, listing the same ingredients used, with designs specifically created to look like our brand. We get customers contacting us all the time about our products “burning their skin”, formulas not being stable… these are NOT our products. Customers expect safe and good quality products they can trust and fakes do NOT deliver.”
Levelling the Playing Field for Responsible Retail
High street beauty retailers, reputable brands, and compliant manufacturers invest heavily to meet the UK’s rigorous product safety, testing, and compliance standards. However, the current regulatory gap allows third-party platforms and overseas sellers to operate without the same overheads or legal liability, undercutting responsible businesses that drive the UK high street and local economies.
Closing this loophole is essential not only to restore consumer confidence, but also to protect responsible businesses, foster fair competition, and drive sustainable growth across the UK economy.
Call to Action
In the letter sent to the Business Secretary, the coalition outlines two core regulatory priorities for the forthcoming legislation:
- Mandate a clear, proactive legal duty requiring online marketplaces to prevent unsafe, non-compliant products from being listed and sold on their platforms in the first place.
- Provide statutory regulators with robust enforcement powers, backed by meaningful financial penalties and swift action when platforms fail to uphold safety standards.
Every month that implementation is delayed leaves shoppers at risk and puts law-abiding British businesses at a severe competitive disadvantage. The British Beauty Council will continue to advocate to ensure the final statutory instruments establish a fair, safe, and transparent shopping environment for all.