Regulation of the Fragrance Industry in Nigeria

April 7, 2014 — The fragrance industry in Nigeria continues to offer broad opportunities for new products although the industry continues to suffer from the influx of cheap and fake cosmetic products.

The industry is regulated mainly by the National Agency for Food and Drug Administration and Control (NAFDAC) with some overlapping regulation by the Standards Organization of Nigeria. A cursory look at NAFDAC’s database for registered cosmetic products in Nigeria, shows that more than 3,000 products have been registered under the fragrance category. These products range from fine fragrance, body care products to household products.  NAFDAC’s database also shows that many of the international well-known brands that are often sold at drastically lower prices within Nigeria are not registered for sale by the agency.

Generally, NAFDAC requires that the ingredients of a product be listed on the label but in the fragrance industry, because ingredients are considered trade secrets, NAFDAC allows for grouping of fragranced materials by stating ‘Fragrance’ in the listing and for disclosure of fragrance allergens such as coumarin, oak moss extract, eugenol, benzyl benzoate, linalol, limonene, etc.

Package labelling for fragranced cosmetic products is regulated under various guidelines including the Guidelines for Registration of Imported Cosmetics in Nigeria and the Guidelines for the Establishment of Pharmaceutical Plants in Nigeria. In addition to the standard requirements for product identity, any warnings, name and address of the manufacturer or distributor and the net content declaration must be provided on the unit of sale.

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About Ufuoma Akpotaire 206 Articles
Ufuoma is a Senior Editor and Director of Regulatory Policy at NLIPW. She assists clients in the protection of copyrights, trademarks and patents. She counsels clients regarding validity and infringement matters and has experience acting against the infringement of IP and addressing counterfeit issues. She holds a Masters degree (LL.M.) from Columbia Law School, New York and a law degree from the University of Nigeria (LL.B. Honors). She is admitted to practice law in Nigeria and in the State of New York. Ufuoma cut her teeth in the intellectual property practice groups of some of the largest law firms in Nigeria and has years of experience working with major non-profit organizations in New York. Email: uakpotaire@nlipw.com