New York Bans Mercury in Cosmetics
In December 2022, the Governor of New York signed Senator Bill 8291A amending the Environmental Conservation Law restricting the use of mercury in cosmetics and personal care products.
Exposure to mercury is known to cause damage to the nervous system, kidneys, liver and immune system. Although the use of mercury is strictly banned in cosmetic products, mercury contamination may occur.
- From the effective date, 1st June 2023, the distribution and sale of cosmetic and personal care products containing mercury will be prohibited in the state.
- New York is the third state, after Minnesota and California to introduce a ban on cosmetic and personal care products containing mercury.
New China Cosmetic Regulations
In November 2022, China’s National Medical Products Administration (NMPA) drafted Regulations on Supervision and Administration of Enterprises in Implementing Entity Responsibility for Cosmetic Quality and Safety. The NMPA have now finalised the regulation and will implement it on the 1st March 2023.
The regulation establishes the requirement to develop a quality and safety responsibility system, defines the role of a legal representative of a cosmetic product and clarifies the scope of a person subject to penalties where misconduct occurs.
ASEAN Amends Ingredient Annexes
ASEAN has introduced amendments to the ingredient annexes to ASEAN Cosmetic Directive (ACD).
The ACD is an agreement among ASEAN countries to harmonise the requirements of cosmetic products manufactured and marketed across the region.
The main amendments include:
- 42 ingredients have been added to the prohibited list (Annex II)
- The restrictions of 4 ingredients have been revised, most notably removing the “Except for Myanmar” limitation on ingredients Climbazole, Titanium DIoxide and Dihydroxyacetone (Annex III)
- The limitations of Titanium dioxide (CI 77891) have been revised and brought in line with EU requirements (Annex IV)
- The requirements for three permitted preservatives have been revised to remove the “Except Myanmar” limitation (Annex VI)
- The requirements for Titanium Dioxide when used as a UV filter have been updated.
Canada Revises Hazardous Products Regulations
Canada has revised the Hazardous Products Regulation (HPR) to align the provisions with the 6th revised edition of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).
Canada’s Hazardous Products Regulation requires suppliers of hazardous products to communicate hazards associated with their product through product labels and safety data sheets on sale and importation.
The revisions include:
- Animal data must not be used for for human health hazard classification
- Flammable gases hazard class divided into two sub categories
- Flammable aerosol definition removed, changed to aerosol
- New test method for oxidising solid hazard class / expansion of criteria for oxidising solid hazard class
- Changes to human health hazard terminology (ie acute toxicity, reproductive etc )
- Additional hazard statements for combustible dusts
Canada to Introduce Fragrance Labelling Requirements
Health Canada has proposed amendments to require the disclosure of certain fragrance allergens when present above a specific limit.
The proposal would require fragrance allergens, present in a concentration greater than 0.01% in rinse-off products and 0.001% in leave-on products to be disclosed within the list of ingredients on cosmetic labels.
There are currently 26 identified fragrance allergens, listed in Annex III of the EU Cosmetic Products Regulation (EC 1223/2009). Under EC 1223/2009,, these fragrance allergens are subject to individual labelling.
