EU Greenwashing Ban Update
The European Parliament and European Council have reached a provisional agreement on new rules to ensure clearer product information.
The agreement adds to the EU list of banned commercial practices and introduces several new factors related to greenwashing and early obsolescence of goods that it considers to be problematic for consumers and the environment. The agreement aims to protect consumers from misleading practices and help them make better purchasing choices.
Under the agreement, generic environmental claims such as “environmentally friendly”, “natural” or “biodegradable”will be banned. Brands will only be allowed to make such claims with proof of recognised excellent environmental performance relative to the claim.
The following will also become illegal:
- Sustainability labels without approved certification schemes or public authority backing
- Claims suggesting a product has neutral, reduced or positive impact on the environment
- Claims prompting the consumer to replace consumables earlier than strictly necessary
- Presenting products as repairable if they are not
The provisional agreement will need to go to a final vote from both the Parliament and the Council in November. If passed Member states will have 24 months to incorporate the new rules into law.
PCPC Supports Humane Cosmetics Act
The Personal Care Product Council (PCPC) has issued its official support for the Humane Cosmetic Act.
Introduced by four U.S House of Representatives earlier this year, the Humane Cosmetic Act is a bipartisan effort to prohibit the sale of cosmetics and cosmetic ingredients tested on animals and the manufacture or import of products tested on animals.
The PCPC has been working closely with the International Cooperation on Cosmetic Regulation (ICCR), the International Cooperation on Alternative Test Methods (ICATM) and the International Collaboration on Cosmetic Safety (ICCS) to develop new alternative non-animal testing methods.
Animal rights groups including Cruelty Free International and Humane Society have played a critical role in garnering support to push this legislation through.
Sara Amundson, president of Humane Society Legislative Fund said:
“Eleven states and 44 countries already slammed the door shut on new animal testing for cosmetics. In fact, the US is essentially the only country in North America that hasn't passed legislation to end it. We want consumers to be safe, non-animal tests are faster and more relevant to human health, and that's why the Personal Care Products Council supports the bill”.
If passed, companies violating the legislation would be liable to civil penalties. The ban would bring the US in line with other countries and many of its own states already outlawing the practice.
CLH Public Consultation: Acetophenone
The CLH dossier for harmonised classification and labelling of acetophenone has been launched.
Acetophenone (CAS No. 98-86-2) is currently classified for acute toxicity, H302, and eye irritation H319. Spain proposes to add classification for toxicity to reproduction (Repr. 1B, H360FD) and for narcotic effects (STOT SE 3, H336) and further confirm the substance's classification for eye irritation.
Acetophenone is generally used in professional and consumer air care products, fillers, paints, thinners, and plasters.
Any relevant data on the hazard classification may be submitted here. The deadline for comments is 1 December 2023.
China Publishes Children’s Cosmetic Regulation Guidance
China’s National Institute for Food and Drug Control (NIFDC) has published the Technical Guiding Principles for Children’s Cosmetics. The document includes trade name, formula, labelling and safety assessments requirements.
Children's cosmetics are divided into infants, zero to three and three to twelve years. For childrens cosmetic products, efficacy claims are limited to cleansing, makeup removal, moisturising, beautification, fragrance, hair care, sun protection, repair, soothing and refreshing.
The guideline notes:
“In principle, imported children’s cosmetics should be classified according to the efficacy claims, parts of action, user groups, product dosage forms, usage methods, etc., in the sales package label (including instructions) of the country (region) where the cosmetics registrant or filing person is located or the country (region) of production. The coding and declaration category cannot be changed at will.”
Amongst others the guidelines makes the following points clear:
- Infant and children cosmetics that claim to be tear-free must undergo more stringent toxicological testing.
- Given children are more prone to explore by mouth and scratch themselves, the risk of oral exposure must be considered where necessary.
- Skin absorption rates must be considered when conducting safety assessments of products to be used on specific skin folds and diaper areas.
- Infant cosmetics must not use raw materials such as iodopropynyl butylcarbamate (except for bath products and shampoos), salicylic acid and its salts (except for shampoos), silver chloride deposited and titanium dioxide
- Microbial, physical and chemical indicators need to consider changes in children’s skin in various age ranges
- Product labels must include safety warnings and clear usage instructions.
- It is not recommended for children to use spray-type sunscreen cosmetics due to inhalation risk.
- The smell and appearance of children's cosmetic products should not resemble food or medicine
Canada Amends Domestic Substance List
Canada has announced intentions to make significant amendments to the Domestic Substance List (DSL) that will affect 145 polymers by introducing new chemical notification requirements.
The DSL is an inventory of substances manufactured in, or imported into Canada on a commercial scale. The proposed amendments will align the DSL with the Canadian Environmental Protection Act (CEPA) and enhance the monitoring of substances entering the Canadian market in an effort to reinforce measures to protect human health and the environment.
Under the CEPA, new substances imported or manufactured in Canada, above a specific threshold, must undergo a comprehensive assessment of their potential effects on human health and the environment. The substances must then be notified.
Substances already on the DSL are exempt from the notification requirement, unless flagged with ‘P’. Substances flagged with ‘P’ signifies the substance has been assessed and found to meet the required criteria under the applicable regulation, these are considered to be of lower concern.
The new ‘P’ flag should notify parties intending to manufacture or import the substance that they are required to submit the necessary information specific in the New Substances Notification Regulations (Chemicals and Polymers).
Canada has opened a 120-day window for public comment. Interested parties who object to the ‘P’ flag for specific polymers should explicitly identify the relevant substance in their comment.
