The successes and limitations of the EU Cosmetics Regulation five years on was a key theme among the opening speakers at 2018’s Cosmetics Business Regulatory Summit.
Sandra Ferretti of Obelis opened proceedings with a look at 1223/2009/EC. Its implementation (replacing Directive 76/768/EEC on force 11 July 2013), Ferretti said, brought clearer requirements, clarified the responsibilities of manufacturers, importers and the responsible person (RP), centralised notification and provided greater harmonisation.
The Regulation is « a work in progress subject to modifications »; there have been 30 amendments over the past five years, with the most recent surrounding the maximum concentration usage of UV filter MBBT (nano) under annex VI, peanut oil and hydrolysed wheat proteins under annex III, and the banning of ZnO colorant in applications that could lead to exposure to the end user via inhalation.
Among the topics focused on by Ferretti was the common criteria for the justification of claims, something that can still be problematic, despite the publication of a new technical document in July 2017.
You cannot claim, for example, that your product is ‘EU permitted’, because that is a legal requirement. Likewise, you cannot claim your product is ‘free from parabens’, because that denigrates the ingredient. However, ‘free from preservatives’ is fine, because you’re not denigrating anything specific.
« I’m not sure all manufacturers are aware of these very subtle differences, so we need more guidelines, » added Ferretti.
She also had recommendations for UK beauty businesses in the run up to Brexit in March 2019.
« UK politicians are still dreaming they will reach an agreement, » she said, but added that the industry should « be prepared not to reach a deal ».
In the event of a ‘no deal’ Brexit, Ferretti explained that the UK would become a ‘third country’, adding: « UK manufacturers will become non-EU manufacturers; UK distributors will become UK importers – and if you are a UK manufacturer, you will need to get an RP as soon as possible in the EU, and this will require more resources. »…