NEWSLETTER

Taiwan FDA Updates Restricted Cosmetic Ingredients, French Conseil d'État Upholds Ban on 'Biodegradable' Claims, China's Cosmetic Import Regulations and More.

Leanne Asiedu
June 21, 2024

Taiwan FDA Updates the List of Restricted Ingredients and UV Filters.

On 13th June the Taiwan FDA published amendments to the list of restricted ingredients and UV filters used in cosmetic products, to come into effect on 1st July 2024. These revisions align Taiwan's standards more closely with those of the European Union while also incorporating specific regional adjustments.

Taiwan’s list now includes 186 restricted ingredients, an increase but still fewer than the EU’s list of over 370 substances. This reflects Taiwan's approach to balancing cosmetic safety with local market needs.

Key changes for restricted ingredients: 

Allantoin - Limited to 0.5% in all products.

Kojic Acid - Allowed for use up to 2%.

Inorganic Sulfites and Bisulfites - Can be used up to 6.7% in permanent hair waving or straightening products. 

Thioglycolic acid and its salts - Limits for permanent hair waving or straightening products  are now set to 11% for professional use and 8% general use. 

Potassium or Sodium Hydroxide - The maximum concentration is set to 4.5% in  permanent hair waving or straightening products. 

Lithium Hydroxide -  2% is the maximum concentration for permanent hair waving or straightening products.

1,3-benzenediol - 1.25% limit in oxidative hair dye products has been added. 

The Taiwan FDA has eliminated the existing list of specific purpose ingredients in cosmetic products – a catalogue encompassing hair dyes such as acid red 91, sunscreen agents, and antiperspirant deodorant agents like aluminium chloride. Sunscreen agents have moved to a newly formulated list of 29 authorised UV filters, slightly fewer than the EU’s 32. UV filters are essential for protecting skin from harmful UV radiation, and these updates ensure the latest safe and effective compounds are used in Taiwan.The remaining 122 substances listed for special use cosmetics have been relocated to a revised list of ingredients restricted in cosmetic products.

While aligning with the European Cosmetics Regulation 1223/2009, Taiwan’s updates also showcase its unique regulatory approach. Specific limits on substances like Allantoin and Kojic Acid indicate a tailored strategy to ingredient safety and consumer protection.

Cosmetic manufacturers in Taiwan and those exporting to Taiwan must adjust formulations to comply with the new restrictions. This includes reformulating products containing newly restricted ingredients or adjusting concentrations to meet the new limits.

These updates aim to improve consumer safety and confidence in Taiwanese cosmetic products. By imposing strict controls on potentially harmful substances and ensuring the availability of effective UV filters, Taiwan prioritises public health while supporting a competitive and innovative cosmetics market.

Australia’s Single Use Plastic Ban.

Australia’s 2025 National Packaging Targets aim to establish a sustainable approach to packaging management by eliminating problematic and unnecessary single-use plastics by 2025. Each state and territory has developed unique strategies to ban various single-use plastics, progressing at different rates. Outlined are developments for four Australian states - New South Wales (NSW), Victoria (VIC), South Australia (SA), and Western Australia (WA) who are making significant strides in banning single-use plastics set for the second half of 2024.

From 1st November 2024, in New South Wales, plastic-lined paper plates and bowls will be banned under the Plastic Reduction and Circular Economy Act 2021, adding to previously banned items like lightweight plastic bags and EPS food service items. Victoria will implement a similar ban on plastic-lined paper and cardboard plates from 1st November 2024, following earlier bans on various single-use plastics. Western Australia will ban produce bags and certain lids for food containers from 1st September 2024, with exceptions for compostable alternatives certified by Australian standards. South Australia continues its incremental bans under the Single-use and Other Plastic Products (Waste Avoidance) Act 2020. From 1st September 2024, bans will extend to thicker plastic bags, EPS food containers, and several single-use plastic items, with allowances for certified compostable products.

These actions align with Australia’s 2025 National Packaging Targets to phase out problematic single-use plastics, showcasing a robust commitment to sustainability and environmental protection.

China Implements New Cosmetic Import Regulations.

On the 19th June 2024, China notified the World Trade Organisation (WTO) regarding the "Measures of the General Administration of Customs of the People's Republic of China for the Administration of Inspection and Supervision of Import and Export Cosmetics." These measures, comprising 11 pages in Chinese, aim to ensure the safety of imported and exported cosmetics to protect consumer health. The objective is to establish rigorous inspection and supervision procedures for cosmetics traded internationally. The proposed adoption and entry into force dates are yet to be determined, with a 60-day comment period from the date of notification. 

With an emphasis on the responsibility of manufacturers and operators for product quality and safety, key aspects include mandatory adherence to national technical specifications, customs inspections at designated locations, stringent consignee review and record-keeping, and compliance with labelling requirements. These measures aim to enhance the safety and traceability of imported cosmetics. 

Further details can be found here.

Thailand’s Regulations for Alcohol-Based Hand Sanitisers.

Earlier this year, the Thai Food and Drug Administration (FDA) submitted two draft notifications to the World Trade Organisation (WTO) aimed at enhancing the safety and effectiveness of alcohol-based hand sanitisers. These drafts focus on protecting human health by regulating the alcohol content in hand sanitisers.

Notification 1: Prohibiting Low-Alcohol Hand Sanitisers

The first draft notification targets the manufacture, import, and sale of alcohol-based hand sanitisers. It prohibits products with an alcohol concentration of less than 70% by volume or 65% by weight. The specified alcohols include ethanol, isopropanol, and n-propanol. The purpose is to ensure that hand sanitisers are effective in cleaning hands without the need for water.

Notification 2: Criteria for Alcohol Deviation Limits

The second draft notification sets criteria for the allowable deviation limits of alcohol in hand sanitisers. It mandates that the alcohol content in these products must be between 15% and 18%, as reported to the Regulatory Body. This aims to standardise the concentration of active ingredients, ensuring consistency and safety in hand sanitiser products.

In both notifications, "alcohol" specifically refers to ethyl alcohol (ethanol), isopropyl alcohol (isopropanol), and n-propyl alcohol (n-propanol). These regulations are designed to improve the efficacy of hand sanitisers by maintaining a minimum threshold of active ingredients.

The draft regulations are open for public comment for 60 days following their submission. The effective date will be announced after their publication in the Government Gazette.

These proposed measures reflect Thailand's commitment to enhancing public health standards and ensuring the reliability of hand sanitisers available in the market.

French Conseil d'État Confirms Ban on 'Biodegradable' Claims in Product Labelling.

On 31st May 2024, the French Conseil d'État confirmed the prohibition of "biodegradable" and "environmentally-friendly" claims on products, following a request to overturn the ban by the Federation of Hygiene and Responsible Care and the French Federation of Beauty Companies (FEBEA). The ban, introduced by the AGEC law, aims to protect the environment and does not conflict with European regulations. The court ruled that this measure is justified by the need to safeguard health and environmental interests, applying equally to domestic and imported products.

The AGEC law, which was introduced as part of France's comprehensive ecological transition strategy, includes a broad array of measures aimed at reducing waste and promoting the reuse of resources. One critical component of this legislation is the restriction on vague and potentially misleading environmental claims. The law specifically targets terms like "biodegradable" and "environmentally friendly" that can be ambiguous and might deceive consumers regarding the actual environmental impact of products.

The Federation of Hygiene and Responsible Care, along with the FEBEA, challenged this prohibition. They argued that the ban imposed unnecessary costs on the industry and conflicted with existing European regulations governing product labelling. However, the Conseil d'État upheld the ban, stating that it does not contravene European law but rather complements it by ensuring more precise and truthful environmental claims. The court emphasised that this measure is crucial for bolstering consumer protection and environmental sustainability.

This ruling has significant implications for manufacturers and marketers of consumer products in France. Companies must now ensure that their environmental claims are specific, substantiated, and compliant with the stringent requirements set forth by the AGEC law. This move is expected to enhance transparency and trust among consumers, who are increasingly concerned about the environmental footprint of the products they purchase.

The decision by the Conseil d'État reflects a broader trend within Europe towards stricter environmental regulations and heightened consumer protection standards. By enforcing rigorous criteria for environmental claims, France is leading the charge in promoting more sustainable business practices and reducing greenwashing - a practice where companies falsely advertise their products as environmentally friendly.

The ruling is a clear signal to companies operating in France that they must prioritise genuine environmental responsibility over superficial marketing claims. As the global market continues to move towards greater sustainability, such regulatory measures are likely to become more commonplace, encouraging businesses worldwide to adopt more eco-friendly practices.

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