COSMETICS BUSINESS LIVE
there has been restriction with prohibition in Annex II that came into force 1 March 2022 and you will see the same deadlines in the UK. We have methyl-N-methylanthranilate, as well. We also have the 5th CMR Omnibus. Sometimes there’s a new classification that may happen within the EU’s Classification, Labelling and Packaging (CLP) legislation that is implemented via an omnibus within the Cosmetics Regulation; we are also awaiting the 6th CMR Omnibus. We have some new benzophenone-3 and octocrylene Annex VI restrictions for sunscreen and we have some specific labelling requirements for formaldehyde- releasing preservatives.
PANEL IV
EU/UK INGREDIENTS LAWS UPDATES
Moderator Julia Wray, Editor, Cosmetics Business Panellists Alex Fotheringham, Operations Director, MSL Solution Providers Olivia Santoni, CEO, Bloom Regulatory Sarah-Jane Dobson, International Product Safety and Liability Lawyer, Kennedys
C
oming together to discuss cosmetic regulatory changes in the EU and the UK were representatives from regulatory and laboratory testing service provider MSL Solution Providers, regulatory consultancy Bloom Regulatory and Kennedys law firm. The panel was moderated by Cosmetics Business’ Julia Wray.
For the EU Cosmetics Regulation (Regulation (EC) No 1223/2009), what changes have occurred? Olivia Santoni: We expect six to eight changes [to 1223/2009] every year. It is important to go through the EU regulatory changes, but also to explain how this affects the UK: is there any divergence when it comes to changes post-Brexit? We have had some changes to specific restrictions for titanium dioxide. This has applied from 1 October 2021, so it was before we implemented all of the Brexit scenario. We also have some new rules for
50 December 2022
salicylic acid when it comes to restriction and labelling in Europe, applied from 17 June 2021. Here [the UK] is, for a certain part of this restriction [‘placing on the market’ deadline], looking to a deadline of 15 December 2022, so you can see this lapse of time which is a bit different, with the [UK’s] ‘making-available’ deadline towards March 2023. It is a similar situation for
tetrahydropyranyloxy phenol and lilial. Lilial applied from 1 March 2022 and, because it is a fragrance ingredient and difficult to trace in your formulation, it has increased reformulation unfortunately. But the marketing deadline in the UK is a little bit longer [15 October 2022] and the ‘making available’ deadline is 15 December 2022. Methoxyethyl acrylate has seen a similar ban, with the date in the UK giving a little bit more time, and we’ve had restrictions for sodium hydroxymethylglycinate. For zinc pyrithione, for use in hair care,
From an implementation point of view, what do these mean? Alex Fotheringham: The change to lilial was the big one from a formulation point of view, because it was in almost all fragrances. It’s actually been useful having the UK lagging behind in terms of an implementation date; people have moved products from the EU to the UK market to use up stock rather than destroying it. The UK dates are interesting in that we’re only running two months between ‘placing on the market’ and ‘making available’, which is very unusual – we’d usually see six months-plus for these – so they’re obviously expecting you to have been prepared. What’s interesting about the upcoming EU changes is that we don’t have any plans for these in the UK at the moment. So, for all of the previous ones, we have a plan, ie October and December this year. The later ones, formaldehyde releasers, etc, we don’t know what the UK position is going to be.
What are your thoughts on the EU Chemical Strategy for Sustainability? Santoni: There is this new position from the EU Commission about regulating cosmetics as part of chemicals as a whole. From a regulatory point of view, it makes sense – you want to align your legislation. But they are not yet sure what they’re going to do, so there will be a lot of consultation to show whether or not this new system will work. But we will definitely implement more aspects from CLP – and one discussion we are aware of is the environmental aspect, because the Chemical Strategy for Sustainability comes from the EU Green Deal. It is not
cosmeticsbusiness.com
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