Need advice on cosmetics and personal care products registrations and licences

Community Forums Legal Advice India Need advice on cosmetics and personal care products registrations and licences

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    • #25859 Reply
      Silentshivam1247
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        Silentshivam1247
        PARTICIPANT
        March 28, 2025 at 10:35 am
        Hello, I am planning on launching my cosmetics brand. I am hiring a third party to help me with the contract-manufacturing. So I have the rough formulations with me with all the ingredients, procedure and approximate percentages, but there are few tricky parts that need laboratory assistance and professional guidance to finalise the prototype. The final product may need some changes in ingredient percentages and addition of some other ingredients to get a stable and quality-assured product. Now, when I give my rough formulation to the manufacturers to make samples, they say that they are getting involved the formulations so the products will be registered under their name and they will have full control over them. This will make it difficult for me to switch the manufacturers if need arises or if after some years I want to open my own manufacturing unit, as I have nothing binding the formulations to me. What can I do to get full control over my products and formulas while also hiring contract manufacturers?

      • #25860 Reply
        Ashishmaster940
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          A
          Ashishmaster940
          PARTICIPANT
          March 28, 2025 at 1:56 pm
          Don’t registered under their name. If done, they are the owners.

          • #25861 Reply
            Silentshivam1247
            Participant
              S
              Silentshivam1247
              OP
              March 28, 2025 at 2:08 pm
              but for product registration in CDSCO and other state FDA, only manufacturer’s details are asked. how am I supposed to have control then?

              • #25862 Reply
                Ashishmaster940
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                  Ashishmaster940
                  PARTICIPANT
                  March 29, 2025 at 6:22 am
                  Manufacturing doesn’t means ownership. It’s subletting the rights owned by you, to mass produce.ย 

                  • #25863 Reply
                    Silentshivam1247
                    Participant
                      S
                      Silentshivam1247
                      OP
                      March 29, 2025 at 2:42 pm
                      when I am registering the products under the third- party’s manufacturing unit’s state Drugs and Cosmetics Authority, will there be any place in the application form where the ownership of the formulas are asked and registered?

                      If yes, then the only hiccup is to give them the formulation before registration as all state DCAs require manufacturer’s info to register a product, hence the manufacturer needs to see my formulation to check if they have resources, machinery and skills to make them. Then they would also make prototype to (1)conduct tests for claims etc. and (2) give them to FDCA for govt. standard tests. If in between all this the partnership fails, my formulation will be already known to them. Is there any way to protect that through agreements etc. before product registration under DCA?

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