The Body Shop Faces Bankruptcy in Belgium and Loses Trademark Lawsuit
The tumultuous journey of The Body Shop continues as the cosmetic retailer finds itself entangled in legal battles and financial woes. Recently, the retailer's Belgian branch was declared bankrupt by the District Court of Central Netherlands, marking another setback for the iconic brand. The bankruptcy proceedings are being managed by FRP Advisory, which has been tasked with navigating the complexities of the situation.
Trademark Lawsuit Loss to Rituals
In addition to its financial troubles, The Body Shop suffered a significant legal defeat in a trademark lawsuit against Dutch-based company Rituals. The Court of Appeal in The Hague ruled against The Body Shop, finding it guilty of infringing on Rituals' trademark by using the word "ritual" in its spa product line. This ruling comes after years of contention between the two companies, with Rituals accusing The Body Shop of copying its range of skin care products.
The court's decision mandates that The Body Shop cease and desist from using the word "ritual" in its marketing and product line. Furthermore, the retailer is required to compensate Rituals for the damages incurred due to the trademark infringement.
Bankruptcy Proceedings and Global Impact
The bankruptcy of The Body Shop's Belgian branch adds another layer of complexity to the company's ongoing challenges. Despite the setback in Belgium, the Dutch shops of The Body Shop remain operational, employing approximately 150 individuals. However, the company's struggles extend beyond Europe, with reports indicating potential store closures in Germany and layoffs in the UK.
Amidst these challenges, The Body Shop's future remains uncertain. Efforts are underway to explore rescue bids, with UK high street giant Next reportedly considering a potential intervention. Meanwhile, the company continues to emphasise its growth prospects in regions like India, highlighting a strategic focus on fostering partnerships in key markets across Asia, Europe, and the Middle East.
NIH Embraces Non-Animal Testing; HEARTS Bill Advances Animal-Free Research
In a significant move towards promoting non-animal testing methods, Monica Bertagnolli, director of the National Institute of Health (NIH), has embraced recommendations aimed at reducing animal experimentation in various sectors, including cosmetics.
The NIH's acceptance of recommendations outlined in the report "Catalyzing the Development and Use of Novel Alternative Methods" marks a pivotal moment in the push for more investment in non-animal testing practices. This development comes amidst growing public support for alternative scientific methods, with a 2019 poll revealing that 79% of respondents favoured prioritising non-animal methods over animal testing.
Monica Engebretson, head of public affairs for North America at Cruelty-Free International, emphasises the significance of the NIH's decision, stating, "The NIH is the world’s largest funder of animal experiments, but most taxpayers would prefer that it prioritise research utilising scientifically valid non-animal methods."
The momentum towards alternative testing methods is further propelled by legislative efforts such as the Humane and Existing Alternatives in Research and Testing Sciences (HEARTS) Act. The language used in the Fiscal Year 2022 Labor, Health and Human Services Appropriations bill, influenced by the HEARTS Act authors, has played a crucial role in advancing the cause of non-animal research.
The HEARTS Act, championed by Representatives Chris Pappas from New Hampshire and Ken Calvert from California, seeks to institutionalise the prioritisation of non-animal research methods. Among its provisions, the bill mandates that future grant proposals undergo review by experts in non-animal research methods. Additionally, the HEARTS Act proposes the establishment of a "National Center for Alternatives to Animals in Research and Testing" within the NIH. This centre would facilitate funding, training, and support for scientists engaged in animal alternatives research, thereby furthering the transition towards human-centred methods.
The collaboration between policymakers, organisations like Cruelty-Free International, and initiatives such as the HEARTS Act underscores a collective commitment to advancing scientific innovation while minimising reliance on animal testing. As the NIH continues to embrace non-animal testing methods, the prospect of transformative breakthroughs in medical research and the gradual phasing out of animal experimentation becomes increasingly tangible.
Austria's Proposal: CLH for AminoMethyl Propanol (CAS 204-709-8)
Austria is gearing up to present a pivotal Classification and Labelling Harmonised (CLH) proposal for AminoMethyl Propanol (CAS 204-709-8) to the European Chemicals Agency (ECHA). This proposal entails a suggested CMR1B classification, carrying significant implications for cosmetic formulations.
📅 The anticipated 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.
India Seeks Feedback on Revised Standards for Petroleum Jelly in Cosmetics
The Bureau of Indian Standards (BIS) has opened a public consultation on the updated IS 4887 Specification for Petroleum Jelly for Cosmetic Industry (Second Revision), inviting feedback until March 12, 2024. Petroleum jelly, widely used in various cosmetic formulations for its emollient properties, undergoes rigorous scrutiny in this revision to ensure elevated quality and safety standards.
Originally introduced in 1968 and last revised in 1980, the IS 4887 standard undergoes its second revision to adapt to evolving industry requirements and technological advancements. The draft revision incorporates several notable updates, particularly in specification adjustments and expanded marking criteria.
Specification Adjustments:The proposed changes aim to refine the quality parameters of petroleum jelly. Notable adjustments include widening the melting range upper limit from 56°C to 80°C, setting a maximum mercury content limit of 1 part per million (ppm), and introducing alternative arsenic determination test methods.
Expanded Marking Criteria:In addition to existing labelling requirements, the draft proposes expanded marking criteria for containers of petroleum jelly. Alongside essential information such as manufacturer details, batch numbers, and net mass, the revised criteria advocate for inclusion of additional details like year of manufacture, month and year of manufacturing/packing, and any other information mandated by statutory authorities.
The public consultation provides stakeholders with an opportunity to contribute to the enhancement of petroleum jelly standards, ensuring alignment with industry best practices and regulatory requirements. Feedback received during this period will inform the finalisation of the revised IS 4887 standard, shaping the future of petroleum jelly usage in the cosmetic industry.
Thailand Proposes Amendments to Cosmetic Ingredient Lists: Enhancing Quality Standards
The Thai Food and Drug Administration (Thai FDA) has initiated a public consultation on proposed amendments to Thailand's cosmetic ingredient lists, aiming to align with the latest updates in the ASEAN Cosmetic Directive and elevate the quality standards of cosmetic products. The consultation, launched on February 22, 2024, will continue until March 7, 2024, encouraging stakeholders to provide feedback before finalisation.
Proposed Amendments:
- Addition of Prohibited Ingredient:
- New Entry: Diethyltoluamide (DEET) is proposed to be added to the List of Prohibited Ingredients. DEET, with CAS No. 134-62-3 / 26545-51-7, will be prohibited from use in cosmetics.
- Inclusion of Permitted Sunscreen:
- New Entry: "Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine," including its nano form, is proposed to be added to the List of Permitted Sunscreens. With CAS No. 919803-06-8, this sunscreen will be permissible at a maximum authorised concentration of 10%. Specific conditions for nano-form ingredients are outlined, including purity requirements and particle size distribution criteria.
- Labelling Requirements: Products containing the newly added sunscreen must include warning statements in Thai on their labels, emphasising the importance of sunscreen usage and advising users to follow instructions carefully.
- Revision of Permitted Colorant Requirements:
- Revised Use Requirements: The use requirements for the permitted colorant CI 45430 are proposed to be revised in the List of Permitted Colorants. This revision introduces new limitations and requirements for the application of CI 45430, ensuring compliance with updated standards.
The proposed amendments reflect Thailand's commitment to enhancing cosmetic safety and regulatory compliance. Stakeholder engagement during the consultation period will inform the finalisation of these amendments, ensuring alignment with industry best practices and regulatory advancements. Once adopted, the amendments will take effect upon publication in the Government Gazette, further strengthening Thailand's regulatory framework for cosmetic products.
CTPA Advocates Animal-Free Safety Tests and Tax-Free Shopping in UK Ahead of General Elections
As the UK prepares for its upcoming general elections, the Cosmetic, Toiletry and Perfumery Association (CTPA) is pushing for a comprehensive strategy for the cosmetics and personal care industry. In its inaugural manifesto, the CTPA outlines key priorities, including the adoption of animal-free safety testing methods and the reintroduction of tax-free shopping to boost tourist spending in the UK.
The manifesto, structured around pillars of essentiality, regulation, science, sustainability, and business, underscores the vital role of the personal care industry in promoting health, hygiene, and well-being. It stresses the need for government recognition of the industry's significance and advocates for policies that support its growth and contribution to the economy.
Dr. Emma Meredith, Director-General at CTPA, highlights the manifesto's emphasis on the industry's economic impact and essentiality to daily life. She notes that cosmetics and personal care products are essential commodities, with research indicating their importance to a significant majority of UK adults. The industry's substantial economic contribution, valued at over £8.9 billion in retail sales value and supporting diverse employment sectors, underscores the need for policies that recognise and support its significance.
In addressing regulatory frameworks, the manifesto calls for the preservation of high standards and science-led decision-making to maintain the UK's leadership in modern scientific practices. Additionally, it advocates for sustainability initiatives, emphasising the industry's commitment to environmental stewardship and the need for government support in achieving sustainability goals.
CTPA's manifesto also addresses the incorporation of animal-free methods into safety assessments and the importance of science-led decision-making in evaluating cosmetic ingredients. It urges all future UK governments to uphold the ban on animal testing and publish a strategy to integrate animal-free methods into safety assessments, positioning the UK as a global leader in ethical scientific practices.
On the issue of climate change, biodiversity, and packaging sustainability, the manifesto stresses the industry's commitment to environmental responsibility. It calls for government support in implementing extended producer responsibility (EPR) schemes for packaging and advocates for industry involvement in designing and operating these schemes to ensure efficiency and environmental benefits.
In terms of business recommendations, CTPA urges the reinstatement of tax-free shopping in the UK to stimulate tourism spending and support businesses impacted by Brexit, COVID-19, and economic challenges. This measure, it argues, will attract shoppers, encourage investment in the UK, and ultimately benefit the economy.
Regarding UK cosmetics regulation and UK REACH, the manifesto proposes maintaining strict safety regulations to ensure consumer safety and industry success. It underscores the importance of the UK Cosmetics Regulation (UKCR) as a framework well understood by industry stakeholders, regulators, and international partners.
Rhode Island Implements Ban on Microplastics
Rhode Island's recent legislative move against microplastics marks a significant shift in compliance requirements for cosmetic brands. With a bold step, the state has introduced a draft bill to prohibit the sale and distribution of products containing intentionally added synthetic polymer microparticles, effective from January 1, 2028.
The draft legislation offers precise definitions to guide brands in adhering to the new regulations. It specifically targets microplastics intentionally incorporated into products for their properties, requiring compliance if concentrations exceed 0.01% by weight. This measure prioritises environmental preservation while upholding product safety and transparency standards.
Exemptions:
Natural polymers, devoid of human intervention and chemical modification, are exempt from the ban. This exemption aims to foster innovation towards sustainable and eco-friendly formulations, encouraging brands to explore alternative ingredients and practices.
Update on Titanium Dioxide (TiO2) in Oral Cosmetics
Exciting developments are underway as the SCCS's preliminary opinion on Titanium Dioxide (TiO2) in oral cosmetics, released in December 2023, progresses towards its finalisation. Here's the latest scoop:
Comprehensive Analysis:The SCCS's preliminary opinion encompasses an extensive evaluation of over 80 grades of TiO2, spanning 40 pigmentary and 44 nano grades. This exhaustive effort underscores the commitment to thorough safety assessments.
Prioritising Safety: While two nano grades have received approval regarding genotoxicity, the SCCS remains vigilant. They advocate for further testing to ensure the absence of genotoxic potential across all other grades. Safety remains paramount!
Addressing Long-Term Exposure: Concerns regarding the long-term effects of nano-grade TiO2 on the oral mucosa prompt a call for additional data. This highlights the delicate balance between innovation and safety within our industry.
