COSMESERVICE NEWSLETTER

Our team would like to inform you about the most recent changes in the cosmetic sector.

• New draft published - More than 80 allergens to be declared.

On 15th September 2022, the European Commission notified the WTO of a new amendment to the Cosmetic Regulation. The publication is amending Regulation (EC) No 1223/2009 as regards the labelling of fragrance allergens in cosmetic products.

Currently, 25 fragrance allergens listed in Annex III to Regulation (EC) No 1223/2009 are to be mentioned in the list of ingredients (individually labelled). The list of substances to be declared as allergens will grow to more than 80 individual substances, and the INCI names will be placed on the ingredient list of the cosmetic products when their concentration exceeds 0,001 % in leave-on products and 0,01 % in rinse-off products.

This draft list 56 new entries that will be added and amended in Annex III of Regulation 1223/2009, and from now on, these substances and their derivatives must be taken into account.

If you need an exhaustive list of the substances, do not hesitate to contact us, we will be glad to help.

More information: https://www.cosmeservice.com/en/allergens-to-be-declared/

• ?Methyl Salicylate – Limits of use modified.

In May 2021, ECHA classified Methyl Salicylate as a CMR substance of category 2: suspected to be toxic for reproduction.

As the ingredient is widely used, the cosmetic industry asked the European Commission to apply the exemption procedure set by Article 15(1) of the EU Cosmetics Regulation, the use of a substance classified as CMR 2 can be permitted by way of exemption if the Scientific Committee on Consumer Safety (SCCS) evaluates the substance and finds that is safe.

Following this SCCS opinion and analysis, the European Commission published the Omnibus Act V on 15th September 2022. The new restrictions will apply as of December 17, 2022 — the exact date from which the 17th ATP will be applicable.

Omnibus Acts do not differentiate between placing on the market and making available on the market of the substances listed. Hence, as of 17th December 2022, cosmetic products cannot be placed on the market nor also available on the shelves if they are not compliant with Omnibus Act V.

Find more information about the limits of use and restrictions here: https://www.cosmeservice.com/en/methyl-salicylate/

• Updated cosmetics Regulation (EC) 1223/2009.

The actual consolidated version of 31st July 2022 is available in the Official Journal of the European Union, and incorporates the following published regulations:

• Regulation (EU) 2022/135 of 31 January 2022 on restrictions on the use of the ingredient Methyl-N-methyl anthranilate (M-N-MA)
• Regulation (EU) 2022/1176 of 7 July 2022 concerning new restrictions on the use of the 2 UV filters Benzophenone-3 and Octocrylene
• Regulation (EU) 2022/1181 of 8 July 2022 concerning the modification of the labelling threshold for formaldehyde-releasing preservatives

We expect a new update soon to further include the new status of Homosalate and Methyl Salicylate, published in September 2022.

• Recent updates of the UK Cosmetics Regulation.

The Office for Product Safety and Standards (OPSS) published updates of the Product Safety (Toys and Cosmetics) and Metrology (Amendment) Regulation recently.

• NEW RESTRICTIONS ON INGREDIENTS: It can be found new restrictions on salicylic acid and Sodium hydroxymethylglycinate and the ban of Deoxyarbutin plus 35 other CMR substances are included in the EU Omnibus III and IV regulations. From the 15th of December 2022, these new restrictions will come into force, except for the ban of Deoxyarbutin and the additional restriction on Salicylic acid, which will be applied from the 15th of March 2023.
• SCPN. The Office for Product Safety and Standards (OPSS) is updating the submit cosmetic product notifications service on the 3 October 2022. The PDF upload, containing the ingredients of the cosmetic product will be replaced with an input ingredient information page. To avoid any duplication, we recommend completing and submitting draft notifications by 30 September 2022.
• LABELLING REQUIREMENTS TRANSITIONAL PERIOD EXTENDED. The UK government extended the transitional period of the labelling requirements of cosmetic products until 31st December 2025. Until this date, the name, address of the Responsible Person (RP), and country of origin labelling requirements are satisfied if they are compliant with EU Cosmetics Regulation.

https://www.gov.uk/government/publications/cosmetic-products-enforcement-regulations-2013/regulation-20091223-and-the-cosmetic-products-enforcement-regulations-2013-great-britain

• US Industry stakeholders back the FDA to modernize cosmetic regulations.

On Sept. 15, 2022, four major industry organizations and stakeholders expressed support for modernizing cosmetic regulations. The key provisions authorizing the FDA's regulation of cosmetics and personal care products have not been updated since the Federal Food, Drug and Cosmetic Act of 1938.

The Safe Cosmetics Modernization Act increases consumer protections on cosmetics while empowering small and entrepreneurial cosmetics enterprises in the U.S. to compete on the national and international stage through national uniformity of regulation.

More information: https://cdn.sanity.io/files/vzmfjgad/production/d21de078d0c9f71c8ffa4e53c12e5b77cd5e8857.pdf

If you have any questions, please do not hesitate to contact us and our team will be happy to help you. Please write an email to [email protected] or visit our website at www.cosmeservice.com