Can an indie brand legally sell an AHA or BHA exfoliant in New Zealand and Australia? Yes, but the acid type, concentration, pH and claims all decide which rules apply. As a general guide, consumer leave-on products sit at up to about 10% AHA at pH 3.5 or higher, and salicylic acid at around 2% or less. Stronger "peel" products move into professional territory, and the wording on your label can push a cosmetic into therapeutic regulation.
Exfoliating acids are one of the most requested product types we see from indie founders, and one of the easiest to get wrong. The chemistry is simple. The compliance and stability work around it is not. This guide covers what to know before you brief a chemist.
What is the difference between AHAs, BHAs and PHAs?
AHAs (alpha hydroxy acids) such as glycolic and lactic acid are water-soluble and work on the skin surface. BHA usually means salicylic acid, which is oil-soluble and can work inside pores, so it is popular for congested skin. PHAs (polyhydroxy acids) such as gluconolactone are larger molecules, tend to be gentler and are often used for sensitive skin. Each behaves differently in a formula, which is why "just add an acid" is rarely a good brief.
What concentration and pH are generally considered safe for exfoliating acids?
The most widely used benchmark is the US Cosmetic Ingredient Review (CIR) conclusion: AHAs are considered safe in general-use products at up to 10% and pH 3.5 or above, and in professional-use products at up to 30% and pH 3.0 or above, provided the product is formulated to avoid increasing sun sensitivity or comes with daily sun protection directions. Earlier European advice was more conservative still, so many chemists formulate well below the ceiling.
The Australian regulator, AICIS, has noted lactic acid in use in Australian cosmetics at up to 30%, including peels, and flagged that increased UV sensitivity cannot be ruled out. It has recommended restrictions on concentration and pH. In practice: if you are aiming for a consumer product, design to the lower benchmark and document your safety rationale.
How is salicylic acid regulated in NZ and Australia?
AICIS's evaluation notes that the EU limits salicylic acid to 2.0% in most cosmetics (3.0% in rinse-off hair products), Canada to 2% or less, and that New Zealand's maximums match the EU's. It also notes restrictions on use in products for children under three and in anything that could expose the lungs through inhalation, such as sprays. In Australia, the Poisons Standard has historically only captured salicylic acid in dermal preparations above 40%, but AICIS has recommended amendments, including eye-damage warnings, and scheduling proposals for higher concentrations have been under consideration. Check the current Poisons Standard before you finalise a formula.
When does an exfoliant stop being a cosmetic?
Claims matter as much as ingredients. "Smooths and refines skin texture" is a cosmetic claim. "Treats acne" or "clears breakouts" is a therapeutic claim and can bring the product under medicines rules (TGA in Australia, Medsafe in New Zealand). Many acne-adjacent acid products cross this line by accident through their label or website copy. Our guide to what you can legally claim on a skincare label goes through the common traps.
What makes acid formulas hard to stabilise?
Low pH changes how everything else in the formula behaves. Thickeners that work at pH 6 can collapse at pH 3.5, emulsions can split, and some preservatives lose effectiveness outside their working pH range. Salicylic acid needs a carefully chosen solvent system to stay dissolved and avoid crystallising in the bottle. Packaging also matters, because acids can interact with pumps, droppers and some plastics.
That is why we recommend stability testing and preservative efficacy testing on every acid product before launch. Preservative efficacy testing is NZ$1,200 per formula, and it is far cheaper than relaunching a batch that failed.
How should you brief a chemist for an exfoliating acid product?
Bring the following to your first conversation: the acid you want and why, your target skin type, whether it is leave-on or rinse-off, your target markets (NZ, AU, EU, US), packaging ideas, and any certifications such as vegan or cruelty-free. We build exfoliants to be vegan, cruelty-free and fragrance-free if you need them to be. Our pathways:
- Ask The Chemist: a 30-minute consult at $150 to sanity-check a concept, pH target or claim wording.
- The Accelerator: 4 to 6 months, $2,000 to $5,000, a semi-custom route that gets you to market faster.
- The Visionary: 9 to 12 months, from $4,000, fully bespoke with full IP transferred to you.
- Ready-to-Go: pre-formulated, stability-tested bases if you want to move quickly.
Small-batch manufacturing starts at 100 to 500 units, so you do not need to commit to a large run of a product that still needs market feedback.
Frequently asked questions
Can I sell a 30% glycolic peel online in NZ or Australia?
Concentrations this high are generally treated as professional-use products. Selling them directly to consumers carries safety, labelling and possibly scheduling risk. Talk to a chemist and check the current Poisons Standard before you commit.
Do AHA products need sunscreen warnings?
Yes, in practice. Safety benchmarks assume the formula does not increase sun sensitivity or that users are directed to use daily sun protection, so your label should say so.
What pH should a consumer AHA product be?
The CIR benchmark is pH 3.5 or above for general-use products with up to 10% AHA. Your chemist may go higher depending on the acid and the skin type you are targeting.
Can I make a salicylic acid acne treatment as a cosmetic?
Only if your claims stay cosmetic. Claims to treat or cure acne can make it a therapeutic product, which is regulated differently.
Do I need stability and preservative testing for an acid exfoliant?
We strongly recommend both. Low pH can affect preservative performance and formula stability, and testing shows problems before they reach customers.
Can The INCI Lab help with the compliance documents too?
Yes. We provide compliance documentation for NZ, AU, EU and US markets, including AICIS considerations, as part of the project.
This article is general information, not legal advice. Regulations change, so confirm current requirements with the relevant authority before launch.
Start a conversation about your exfoliant, or book an Ask The Chemist session to test your idea first.