How legal is it to gift a self made soap?

[TheDebby]

Hello, I hope this is the right place to ask this but if not I'm sorry!

I know a lot of you are from outside Europe but maybe someone could help me out.
Let me explain my question:

My brother is getting married in December (hopefully if it is possible with the virus).
I've been asked to make soaps that they can gift as a thank you for their guest.
That would mean I would make soap for about 90 people.

My question is: would it be illegal to gift this soap?
I don't have any permit to sell soap and I know it is really expensive and a bit of a headache to get one.
But I really don't want the risk of doing so and it being illegal.

 

[szaza]

Good question! Since I'm only a hobby soaper I haven't really read up on the specifics of the rules.
Out of interest, I just looked at the eu website on cosmetics and they only talk about selling and marketing cosmetics in the EU, so as long as your soaps are a gift I think it should be ok. The only caveat I could think of is if it could be seen as a marketing stunt, for example if you happen to have a company that somehow benefits from you giving away soaps (which would seem highly unlikely).
But again, not an expert.

 

[Kathymzr]

Just a suggestion. I give my soap as gifts to friends and family. But it seems only right that receivers of gifts get the same respect as paying clients. So I always provide a list of all ingredients and additives, as well as fragrance source, and a little thank you for feedback. After all, people with allergies need to know what is in products they use. You wouldn’t want a complaint. You could present the soaps in a little gift bag with a printed card with the ingredients, just as the laws require for soaps for sale. And you could add a “This is our gift to you” type note.

 

[Darkhawk]

I hope its illegal. I've been giving soap to friends and family and don't like to be boring

 

[TheDebby]

To be honest if I din't just lost my job I would just pay for the test to be safe. (it happens it's not fun but I'll be fine!)
But I kinda hope I would be able to do this, the thought of making soap for about 90 people really makes me happy!

Good question! Since I'm only a hobby soaper I haven't really read up on the specifics of the rules.
Out of interest, I just looked at the eu website on cosmetics and they only talk about selling and marketing cosmetics in the EU, so as long as your soaps are a gift I think it should be ok. The only caveat I could think of is if it could be seen as a marketing stunt, for example if you happen to have a company that somehow benefits from you giving away soaps (which would seem highly unlikely).
But again, not an expert.

Thank you for helping!
I've tried to google, but can only find laws about selling them. All I know is when you sell them even the free samples have to be according to code.
I totally understand that not anyone can just sell soap, because of health and safety reasons.
However I do feel like the rules are a bit to complicated. I'll try and keep looking because I feel like I should be responsible.
Worst cause maybe I just should make melt and pour I know those rules a bit more relaxed but I already am working on a pretty cool design for the CP soap!

Just a suggestion. I give my soap as gifts to friends and family. But it seems only right that receivers of gifts get the same respect as paying clients. So I always provide a list of all ingredients and additives, as well as fragrance source, and a little thank you for feedback. After all, people with allergies need to know what is in products they use. You wouldn’t want a complaint. You could present the soaps in a little gift bag with a printed card with the ingredients, just as the laws require for soaps for sale. And you could add a “This is our gift to you” type note.

That is a really good suggestion! I will most definitely do that! I'm already trying do document my batches as much as I can and write down what I use and how much. The date and the temperature of the oils and lye. So it should be easy enough to make a little card to go with it. I've seen there is a part of the forum dedicated to this so when I have the time I'll start reading there so I'll do the best job that I can!

I hope its illegal. I've been giving soap to friends and family and don't like to be boring

We have to do something to add a little fun to our lives!
(I wouldn't worry if I would give it to just my friends but 90 people is a big number to just hand out soap)

 

[LilyJo]

Morning. Yes, if its considered marketing in any way you would need it to be assessed but my understanding is, if you are giving to friends and family as a gift, it wouldn't need to be assessed. BUT I would make sure you listed all ingredients and follow the rules as far as you can. If you are unsure I would recommend contacting your local assessor to get a firm legal opinion.

Depending on how many fragrances you used the cheapest assessment I've seen is about £100 for one fragrance or £180 for six - worth considering if you were able.

 

[TheDebby]

This is really great I love that I have a place to talk about this!

Morning. Yes, if its considered marketing in any way you would need it to be assessed but my understanding is, if you are giving to friends and family as a gift, it wouldn't need to be assessed. BUT I would make sure you listed all ingredients and follow the rules as far as you can. If you are unsure I would recommend contacting your local assessor to get a firm legal opinion.

Depending on how many fragrances you used the cheapest assessment I've seen is about £100 for one fragrance or £180 for six - worth considering if you were able.

I'll try and look into what I can find what I've seen so far is 200 euro for a test.
The "problem" I have with it is that I'm not exactly getting paid for this.
They will pay for the ingredients and what I use, but we never really discussed this.

I find this difficult because I have to be responsible but also feel like this shouldn't cost me so much money.
Maybe it would make more sense to ask them to pay for the assessment.
But somehow I really don't like that idea.

 

[Antonia Nogales]

Hi Debby,

I won't say anything new to you from what's already suggested here, I don't sell my soaps yet (working in getting the formulae assessed) but I give them out as presents/gifts to friends and family only requesting feedback from them. What I also do is, I include a list of all ingredients I have used so that those I give the soaps to, are aware of what was used to make them, and most importantly, like it has been said above, if anyone is allergic to any of the ingredients, they are aware not to touch/use them.

Good luck with your findings, I think this is an awesome idea to give out to guests, practical and great for the environment

 

[lodavyes]

If you tell your friends and family to not tell anyone, then it won't be illegal, haha.

 

[Lauriertje]

Hi Debby, I see you're from the Netherlands, me too!
I've been trying to wrap my head around this **** for 2 years now already. I would really like to sell my soaps and make some money, even if it's only compensating my expenses...
But to this day I haven't even had the slightest motivation to do this test because well... I can't afford it, but there's a much bigger reason and that is because I like to make a lot of different soaps! So I would have to do this test for all of them... It's just very annoying...

 

[Zany_in_CO]

I can't afford it, but there's a much bigger reason and that is because I like to make a lot of different soaps!

My advice, for selling, and to save $$$, just make one superior soap known to be good for all skin. Use the Basic Trinity of Oils recipe. Coconut, Palm & Olive form the 3 legs of the trinity. Start there.

Whenever I have been asked to duplicate a popular online all natural soap that is no longer being made, I am always surprised to see those 3 oils are the only ingredients.

Once your business takes off, you can vary your inventory. I suggest a castile soap like Zany's No Slime Castile. It's easy to make and ready to ship in 2 weeks, although, the longer the cure, the better the soap!

PS: I have dry, mature, sensitive skin. I'm using a sample bar of a batch I made for my DIL's father right now and I just love it! Good bubbles, good cleansing and moisturizing -- i.e., it doesn't leave my skin feeling tight.

 

[Lauriertje]

My advice, for selling, and to save $$$, just make one superior soap known to be good for all skin. Use the Basic Trinity of Oils recipe. Coconut, Palm & Olive form the 3 legs of the trinity. Start there.

Whenever I have been asked to duplicate a popular online all natural soap that is no longer being made, I am always surprised to see those 3 oils are the only ingredients.

Once your business takes off, you can vary your inventory. I suggest a castile soap like Zany's No Slime Castile. It's easy to make and ready to ship in 2 weeks, although, the longer the cure, the better the soap!

PS: I have dry, mature, sensitive skin. I'm using a sample bar of a batch I made for my DIL's father right now and I just love it! Good bubbles, good cleansing and moisturizing -- i.e., it doesn't leave my skin feeling tight.

Thank you so much for your reaction! A recipe like that can really start things up. I find it very difficult to ask for help, so thanks for just giving me those recipes haha :'D

Another thing: I don't know how the rules in the US are, but here in Europe you have to have a separate room (so not your kitchen) where you make your soap... And you also can't use it for anything else than making cosmetics. Is that different in the US?

 

[Zany_in_CO]

you also can't use it for anything else than making cosmetics. Is that different in the US?

Yes. As a hobbyist, I make bath and body products in my kitchen. It is my responsibility to make sure to follow safe manufacturing practices. Others who form a business may be required to have a separate space, although I don't personally know anyone at that level.

 

[ArcticBanshee]

My advice, for selling, and to save $$$, just make one superior soap known to be good for all skin. Use the Basic Trinity of Oils recipe. Coconut, Palm & Olive form the 3 legs of the trinity. Start there.

Whenever I have been asked to duplicate a popular online all natural soap that is no longer being made, I am always surprised to see those 3 oils are the only ingredients.

Once your business takes off, you can vary your inventory. I suggest a castile soap like Zany's No Slime Castile. It's easy to make and ready to ship in 2 weeks, although, the longer the cure, the better the soap!

PS: I have dry, mature, sensitive skin. I'm using a sample bar of a batch I made for my DIL's father right now and I just love it! Good bubbles, good cleansing and moisturizing -- i.e., it doesn't leave my skin feeling tight.

Yeah I think this is great advice. I am a hobbiest also, but if I ever decide to sell online or at a fair, it will be one recipe with maybe a couple of different fragrances. Even though for friends and family I make all sorts of things.

 

[Amardanan]

Speaking about the soap, and I already feel this nice smell.