Austria's Proposal Signals Potential Impact on Cosmetics
Austria is gearing up to present a pivotal Classification and Labelling Harmonized (CLH) proposal for AminoMethyl Propanol (CAS 204-709-8) to the European Chemicals Agency (ECHA). This move proposes a CMR1B classification, carrying significant implications for cosmetic formulations.
The impending submission of the CLH dossier marks a crucial juncture, inviting stakeholders to actively participate by providing pertinent information regarding the compound's identity and hazard properties.
Your Input Counts!
Now is the opportune moment for industry players to voice their insights and share data on AminoMethyl Propanol. Active involvement in this process can shape the regulatory framework and ensure well-informed decisions that directly impact our sector
The Body Shop Faces Challenges After Aurelius Acquisition
Since its acquisition by Aurelius in November, The Body Shop has been navigating a tumultuous period marked by store closures, employee layoffs, and concerns over surplus beauty ingredients. The repercussions extend far beyond its UK operations, with reports indicating closures of up to half of its 198 stores in the UK and a downsizing of its head office staff. Furthermore, German stores have begun shuttering, signalling a broader trend of closures across Europe, with Belgium soon to follow suit. The acquisition has also cast a shadow over fair trade suppliers, who find themselves grappling with over US$1 million worth of beauty ingredients that may never be ordered or paid for if the business faces bankruptcy.
These suppliers, often from regions like the Amazon and Africa, have long-standing relationships with The Body Shop, but the lack of written contracts leaves them vulnerable in uncertain times. Meanwhile, amidst the restructuring, The Body Shop's global franchises in the Middle East, Asia, and Africa remain largely unaffected, emphasising a strategic shift towards prioritising key markets.
However, this restructuring underscores the volatile nature of the retail landscape, with consumer expert Kate Hardcastle highlighting the imperative for brands to evolve and remain relevant in an increasingly dynamic market. As the situation unfolds, employees are left grappling with uncertainty, with some facing the prospect of applying for government-backed redundancy payments after dedicating years to the ethical brand. The challenges faced by The Body Shop serve as a stark reminder of the evolving retail landscape and the need for resilience and adaptability in the face of change.
EU Releases Guidelines to Validate Green Claims
The European Parliament (EP) has unveiled comprehensive guidelines for businesses seeking to comply with the new Directive on Empowering Consumers for the Green Transition (ECGT), recently approved by the EP. The directive aims to curb deceptive claims surrounding products' environmental sustainability, with member states expected to adopt it into national law within the next two years. The EP's Internal Market and Environment committees have outlined specific rules regarding voluntary labels and claims under the ECGT, emphasising the need to combat greenwashing and ensure genuine sustainability practices. According to Dimitri Vergne, sustainability team leader at the European Consumer Organisation (BEUC), the directive addresses the proliferation of misleading green claims that have long misled consumers. He stresses the importance of scientifically verifying green claims to meet consumer expectations for environmental responsibility.
Verification and penalties under the directive entail companies submitting products with sustainability claims to a thorough verification process, with potential exclusion from procurement and fines of up to 4% of annual turnover for non-compliance. MEPs have recommended the European Commission (EC) to provide clarity on less complex claims and the context for their application. Additionally, companies must demonstrate the environmental sustainability of their products and services to an independent governance body, ensuring transparency and accountability. Microenterprises are exempt from these obligations, while SMEs have an extended timeline for compliance.
The directive targets generic claims that lack quantifiable evidence, such as "environmentally friendly" or "eco-friendly," aiming to bolster consumer trust and promote transparent competition. According to Andrus Ansip, EP rapporteur for the Internal Market Committee, the legislation aims to provide legal clarity and equal competition conditions, addressing the prevalence of misleading environmental claims. These measures, while stringent, seek to strike a balance between consumer transparency and business feasibility, ultimately fostering a marketplace where sustainability claims are backed by verifiable evidence.
Revolutionising Perfume Ingredient Extraction for Sustainability
The perfume industry is undergoing a transformative shift in its approach to extracting natural ingredients, driven by climate change and evolving consumer expectations toward sustainability. Perfume companies are pioneering innovative techniques to reduce reliance on petrochemicals and resources while preserving high-quality olfactory profiles.
Naturalness as Imperative: With consumer demand for responsible perfumes on the rise, brands are increasingly emphasising their use of "green" ingredients. Naturalness is now a prerequisite, with a significant majority of consumers expressing a preference for environmentally conscious perfumes.
Challenges in Natural Extraction: Traditional distillation methods for natural ingredients often involve high water and energy consumption, posing sustainability challenges. Similarly, extraction with volatile solvents can be environmentally harmful, prompting the search for alternative approaches.
Air Extraction Innovation: The L’Oréal group's partnership with Cosmo International Fragrances introduces a novel extraction method based on air flow, eliminating petrochemicals and heat from the process. This technique captures volatile fragrant molecules directly from fresh flowers, offering a sustainable alternative to conventional methods.
Minimising Environmental Impact: Companies like Symrise and dsm-firmenich are reducing carbon footprints through innovative processes like SymTrap and Firgood technology. These methods utilise residues from the agri-food industry and electromagnetic vibrations, respectively, to minimise water and energy consumption while preserving olfactory integrity.
Greener Solvents and Enfleurage: Robertet's CleanRScent program and Mane’s E-Pure Jungle Essences are pioneering greener solvents and enfleurage techniques, respectively, enhancing sustainability and authenticity. These initiatives underscore the industry's commitment to responsible sourcing and reduced environmental impact.
Advances in Biotechnology: Givaudan and Takasago are harnessing biotechnology to develop fully biodegradable alternatives to fossil fuel-based ingredients. Fermentation techniques offer a sustainable pathway to produce natural fragrances, aligning with the industry's broader sustainability goals.
AI and Responsible Sourcing: Perfume groups like Robertet are leveraging AI-managed greenhouses to optimise resource utilisation and minimise carbon footprints. Additionally, responsible sourcing initiatives aim to preserve biodiversity and support farming communities while addressing resource scarcity concerns.
As Alexandrine Demachy highlights, collaboration and innovation across industry and research sectors are crucial in advancing sustainable practices and expanding the palette of options for perfumers. These collective efforts underscore the industry's commitment to sustainability and offer consumers an ever-growing array of environmentally conscious fragrance choices.
Navigating Advertising Law: Can "Free of" Claims Mislead Consumers?
In a recent decision by the Ninth Circuit, the question of whether a product can be promoted as "free of" certain ingredients, even if the substitutes used are also unsafe, came to the forefront. Madison Reed, a hair care company, faced a lawsuit from consumers alleging that their product's promotion as "free of" ammonia, resorcinol, and PPD was misleading because the replacements were equally unsafe. However, the court dismissed the case, asserting that the statements on the label were accurate, and there were no other indications on the packaging that could lead to a different inference.
Interpretation and Ambiguity: Applying the "reasonable consumer" standard, the court found no actionable misrepresentation, emphasising that any potential ambiguity from the "free of" statement could be clarified by referring to the back label. Yet, this interpretation might differ if assessed by the Federal Trade Commission (FTC), which suggests that a truthful claim about the absence of an ingredient could still be deceptive if substitutes pose similar risks.
Puffery and Abstract Claims: Additionally, the Ninth Circuit examined Madison Reed's assertions of producing "salon gorgeous" and "salon quality" products, deeming them non-actionable puffery. The court clarified that terms like "salon" and "integrity" are abstract and do not imply anything about product safety.
Implications and FTC Standards: While this ruling provides clarity within the Ninth Circuit jurisdiction, it contrasts with potential FTC interpretations. The FTC emphasises that qualifying information should be prominently displayed and easily accessible, a criterion not met if located on the back of the packaging.
In essence, the Madison Reed case underscores the complexity of "free of" claims in advertising and highlights the importance of clear and transparent communication to avoid consumer confusion and potential legal ramifications.
Legal Battle Over Aquaphor Lip Products' Preservative Claims
Beiersdorf AG, the multinational corporation behind Aquaphor, finds itself embroiled in a legal dispute over the authenticity of its lip repair products' preservative-free assertions. Deon Watts, a resident of New York, has initiated a class action lawsuit against Beiersdorf, Inc. in the US District Court for the Eastern District of New York, alleging that the prominent "No Preservatives" claim featured on the product packaging is misleading and false. Watts contends that despite the company's assurances of being preservative-free, Aquaphor Lip Repair products actually contain sodium ascorbyl phosphate, a widely recognised preservative utilised in skincare formulations. This, according to the plaintiff, contradicts the preservative-free representation and constitutes deceptive advertising. The complaint further argues that sodium ascorbyl phosphate, while deemed gentler on the skin than pure ascorbic acid, nevertheless exhibits preservative properties, thereby undermining the validity of Beiersdorf's claims.
The lawsuit underscores a growing trend of consumer activism aimed at challenging marketing assertions related to product ingredients and composition accuracy. By pursuing legal action against Beiersdorf, Watts seeks not only financial compensation but also injunctive relief to prevent further dissemination of allegedly misleading advertising. The outcome of this case could set a precedent for how cosmetic companies navigate and communicate their product formulations to consumers, impacting industry standards for preservative-free labelling and potentially influencing consumer trust in product claims. As the legal battle unfolds, it prompts a broader conversation about transparency and accountability within the cosmetics sector and underscores the importance of clear and accurate communication between brands and consumers.
CTPA Advocates for Animal-Free Safety Tests and Tax-Free Shopping in UK General Election Manifesto
As the UK prepares for its upcoming general election, the Cosmetic, Toiletry and Perfumery Association (CTPA) is seizing the moment to present its inaugural manifesto, urging the incoming government to prioritise the cosmetics and personal care industry. With a focus on animal-free safety testing methods and the reinstatement of tax-free shopping to bolster tourist spending, the CTPA's manifesto outlines 12 key requests across essentiality, regulation, science, sustainability, and business.
Emphasising the indispensable role of the cosmetics sector in health, hygiene, and well-being, the manifesto underscores the industry's economic significance. CTPA urges the preservation of high regulatory standards and a commitment to science-led decision-making to position the UK as a leader in modern scientific practices. Moreover, sustainability remains a focal point, with calls for industry involvement in environmental initiatives.
Dr. Emma Meredith, director-general at CTPA, sheds light on the manifesto's significance, emphasising the industry's pivotal role in society and the economy. The manifesto underscores the vital nature of cosmetics and personal care products, citing research indicating their essentiality to millions of consumers daily. With a retail value exceeding £8.9 billion and supporting diverse employment sectors, the industry's economic contributions underscore the need for government policies that recognise its importance.
In advocating for tax-free shopping's reinstatement, CTPA aims to stimulate tourist spending, boost industry growth, and navigate challenges posed by Brexit and the COVID-19 pandemic. The manifesto also addresses regulatory concerns, advocating for the preservation of strict safety regulations under the UK Cosmetics Regulation (UKCR) and UK REACH to ensure consumer safety and industry success.
Meredith emphasises the industry's commitment to science and safety, urging continued adherence to a robust, science-led approach in chemical safety assessments. The manifesto calls for the integration of animal-free methods into safety assessments, promoting the UK as a global leader in modern, ethical scientific practices.
Furthermore, the manifesto outlines the industry's sustainability strategy, addressing climate change, biodiversity, and packaging-related sustainability. CTPA seeks government collaboration on laws concerning extended producer responsibility (EPR) for packaging, emphasising industry involvement in achieving environmental objectives.
Overall, the CTPA's manifesto advocates for policies that recognise the essentiality, economic significance, and sustainability efforts of the cosmetics and personal care industry, aiming to secure its continued growth and competitiveness in the UK market.
New Zealand's Updated Cosmetic Products Group Standard: A Comprehensive Overview
New Zealand's Environmental Protection Authority (EPA) recently announced significant amendments to the Cosmetic Products Group Standard 2020, following a meticulous review process initiated in February 2023. These amendments, approved in January 2024 after nearly a year of evaluation, introduce crucial changes aimed at enhancing safety, aligning with international standards, and addressing emerging concerns in the cosmetic industry.
Key Amendments:
- Expanded Scope: The amended standard now includes provisions for non-hazardous cosmetic products containing hazardous components, ensuring comprehensive regulation across all product types.
- Phase-out of PFAS: Perfluoroalkyl and polyfluoroalkyl substances (PFAS) will be gradually phased out, with import, manufacture, and supply restrictions culminating in complete disposal by June 30, 2028.
- Ingredient Updates: Ingredient lists have been aligned with EU cosmetic regulations, with notable additions to prohibited, restricted, and allowed categories for improved safety and compliance.
- Nanomaterial Regulations: Stringent record-keeping requirements for cosmetic products containing nanomaterials aim to enhance transparency and accountability in their usage.
- International Alignment: The standard now references the latest International Fragrance Association (IFRA) Standards and updates clauses for label exemptions to align with international best practices.
Implementation Timeline:
- Until December 31, 2025: Cosmetic products must comply with the pre-amendment scope and conditions to be imported and manufactured.
- Until December 31, 2026: Suppliers must adhere to pre-amendment scope and conditions for product supply.
- By June 30, 2027: Non-compliant cosmetic products must be properly disposed of to meet post-amendment requirements.
Additional Enhancements:
- Improved Format: The standard's format, presentation, and searchability have been enhanced for better accessibility and usability.
- Corrected Errors: Minor grammatical and punctuation errors have been rectified to ensure clarity and consistency.
South Korea Implements Ban on THB in Cosmetics: Regulatory Update
South Korea's Ministry of Food and Drug Safety (MFDS) has announced a significant amendment to the Regulation on Safety Standards for Cosmetics, finalizing the ban on 1,2,4-trihydroxy benzene (THB) (Cas No. 533-73-3) in cosmetics. This move, effective from February 7, 2024, comes in response to safety concerns regarding the genotoxicity potential of THB, as determined by the Cosmetic Ingredient Safety Evaluation Committee.
Key Points:
- Proposal for Amendment: On December 7, 2023, MFDS proposed amendments to designate THB as a prohibited ingredient in cosmetics due to safety considerations.
- Safety Verification Results: Following thorough safety verification, the potential genotoxicity of THB could not be disregarded, prompting the decision to ban its use in cosmetics.
- Effective Ban: With the amendment in effect, THB is no longer permitted for use in cosmetics, reflecting the government's commitment to ensuring consumer safety in the cosmetic industry.
- Transition Period for Existing Products: Products manufactured prior to the implementation of the ban can still be sold until October 1, 2024. This transition period allows businesses to adjust their inventory and comply with the new regulations.
Implications:
- Compliance Requirement: Cosmetic manufacturers and distributors must ensure that their products comply with the updated regulations by eliminating THB from formulations.
- Consumer Safety: The ban underscores South Korea's dedication to safeguarding consumer health and well-being by prohibiting potentially harmful substances in cosmetics.
- Market Impact: Companies operating in the cosmetics industry will need to reformulate their products or remove existing inventory containing THB to remain compliant and maintain consumer trust.
Canada Proposes Measures to Mitigate Environmental Risks from Substituted Phenols
In line with the Canadian Environmental Protection Act, 1999 (CEPA), the Government of Canada is actively pursuing the evaluation of substances to ascertain their potential risks to both human health and the environment. This comprehensive assessment involves a meticulous examination of the intrinsic hazardous properties of the substances as well as the extent of their exposure to humans and the environment.
Focus on Four Substituted Phenols
As part of its ongoing evaluation efforts, the government is currently directing its attention to a group of 15 substances within the substituted phenols category. Among these, four substances, identified with CAS RNs 118-82-1, 128-37-0, 36443-68-2, and 61788-44-1, have been flagged as potential sources of environmental concern due to their propensity to cause adverse effects on organisms if released into the environment.
To address these concerns, the Government of Canada is exploring a range of regulatory and non-regulatory measures for industrial formulation activities involving these substances. The overarching objective is to curtail their release into the environment and thereby mitigate potential harm.
Safety of Remaining Substances
It's crucial to note that the remaining 11 substances within this group have not been found to pose harm to the environment. Their ecological hazard and exposure potential have been thoroughly assessed using the Ecological Risk Classification of Organic Substances (ERC) approach. While some of these substances may be associated with health effects, the assessment indicates no harm to human health when exposure levels are considered. These substances, often utilised as antioxidants, can come into contact with humans through various pathways, including drinking water, food, food packaging, and consumer products like cosmetics.
