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Jan. 1, 2019Cosmetics news

The cosmetic agenda for 2019 Add to my portfolio
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The 2019 cosmetic agenda

The year 2019 promises to be a great year for cosmetic news. On the agenda: many regulations and new obligations affecting ingredients are being implemented, others (on allergens or microplastics) are in preparation. 2019 will also be the year of new provisions for the use of claims, profound changes at the international level (including Brexit and the finalization of the overhaul of Chinese cosmetics regulations)… CosmeticOBS has gathered here the main key dates to be prepared so as not to be caught off guard when the deadline comes!

Reading time : ~ 10 minutes

All year round

DGCCRF controls: the announced themes
• Nanos: from upstream to downstream, controls of raw material suppliers and monitoring of the production line
• “Organic” and “natural” claims: a “topical issue” according to the DGCCRF, following the publication of the NF ISO 16128 standard
• Metrological controls
• Allergen labelling: targeting in relation to recurrent findings on the lack of allergen labelling

> See
Review of DGCCRF’s 2017/2018 controls

January 1st, 2019

Entry into force of the “Toxicovigilance” decree of 2014
It shall apply on that date to all mixtures, other than those classified as dangerous on account of their health effects in accordance with CLP Regulation (‘Respiratory sensitizer (1)’, ‘Skin sensitizer (1)’, ‘Carcinogen (2)’, ‘Mutagenic (2)’, ‘Toxic for reproduction (2)’. It concerns fragrance compositions and implies an obligation to declare mixtures on the Synapse portal.

> See
Perfumes: the regulatory requirements

Early 2019

<ECHA proposal for the restriction of microplastics
The European Commission has asked ECHA to investigate whether it would be justified to impose an EU-wide restriction on intentionally added microplastics in products. ECHA plans to finalise its proposal for the restriction of microplastics in early 2019.

> See
ECHA to consider restrictions on the use of oxo-plastics and microplastics
ECHA: “Microplastics likely to accumulate in terrestrial and freshwater environments”

January 2, 2019

End of the first consultation on allergen labelling
Following the SCCS’s opinion recommending the labelling on cosmetic packaging of more than 80 fragrance components with allergenic potential (instead of 26 at present), the European Commission has initiated a study on the impact that such a measure could have. It is open for comments until 2 January 2019, and the Commission is expected to come up with a regulatory proposal on the subject in the fourth quarter of 2019.

> See
Allergens in cosmetics: to an up-date of the list of 26
Labelling of allergens: the European Commission launches its impact assessment

March 30, 2019

Brexit
With or without agreement, the United Kingdom’s withdrawal from the European Union is effective at 00:00. All companies are concerned by the implications of Brexit, not only those selling their products in the United Kingdom, but potentially all of them! All must therefore be ready by the cut-off date.

> See
Brexit in practice: what to be prepared for… now!
Preparing the Brexit: a notice of the European Commission

May 1, 2019

Rules change for Tagetes
Regulation 2018/978 amended the rules for the use of extracts and essential oils of Tagetes erecta, Tagetes minuta and Tagetes patula. From 1 May, cosmetic products placed on the market must comply with its provisions. All non-compliant products must be withdrawn from the market by August 1, 2019.

> See
Tagetes added in Annexes II & III to Cosmetics Regulation

June 17, 2019

The rules change for o-Phenylphenol and its salts
Regulation 2018/1847 amended Annex V (preservatives) of Cosmetics Regulation 1223/2009, to reduce the permitted concentration of o-Phenylphenol and prohibit its salts Sodium o-Phenylphenate, Potassium o-Phenylphenate and MEA o-Phenylphenate. From 17 June, cosmetic products placed on the market must comply with its provisions. All non-compliant products must be withdrawn from the market by 17 September 2019.

> See
Regulation 2018/1847: decrease of o-Phenylphenol concentration, prohibition of its salts

July 1st, 2019

Entry into force of the European Technical Document on claims and the 8th version of the ARPP RecommendationCosmetic Products
The two documents specifically refer to the terms Free-from…" and “Hypoallergenic” to strictly regulate their (non-)use. While neither of these two texts has the force of law, they are still, by all accounts, guidelines with which the entire industry must comply.

> See
Claims: the new rules for cosmetic products

July 1st, 2019

Entry into force of Hawaiian law SB 2571 CD1
It prohibits the sale, supply and distribution of sunscreen products containing Oxybenzone (Benzophenone-3) and Octinoxate (Ethylhexyl methoxycinnamate) UV filters.

> See
United States: towards a tightening of cosmetics regulations?

August 23, 2019

Prohibition of HICC, Atranol and Chloratranol
Regulation 2017/1410 prohibited the use of these three allergenic fragrance ingredients, HICC (Hydroxyisohexyl 3-Cyclohexene Carboxaldehyde), Atranol and Chloroatranol. From 23 August, cosmetic products placed on the market must comply with its provisions. All non-compliant products must be withdrawn from the market by 23 August 2021.

> See
HICC, Atranol, Chloroatranol: prohibited from August 23, 2019

October 2019

Entry into force of Halal regulations in Indonesia
The application decree dedicated to the cosmetics sector should provide for the scope of application (raw materials, production, storage, distribution, advertising media…), the mandatory evaluation of the product to determine its status, Halal or non-Halal marking, the mandatory presence of a Halal supervisor…

November 2019

Date scheduled for the review of the Solar Monograph by the US FDA
It should include:
• The express authorization of SPF50+ and dosage forms sprays
• New requirements in relation to inhalation risks
• A re-evaluation of all UV filters by the FDA, but with the current frozen positive list

> See
United States: towards a tightening of cosmetics regulations?

December 1st, 2019

Entry into force of Federal Law on the principles of state regulation of commercial activities in the Russian Federation
It provides for a list of ten groups of goods subject to mandatory labelling, including perfumes and eaux de toilette. Each product unit will have to carry a unique identification code generated by a centralized system.

January 1st, 2020

New information to be provided to register a nanomaterial under REACH
When revising several annexes of the REACH Regulation, one measure specifically concerns the information required for nanomaterials. The amendments clarify the information that companies that place substances on the market in nano-form must provide in their registration dossiers. The new rules apply as of January 1, 2020.

> See
REACH: new registration requirements for nanomaterials

January 1st, 2020

Entry into force of Californian law SB 1249
It provides for a ban on animal testing for cosmetics.

> See
United States: towards a tightening of cosmetics regulations?

And 2019 may also be the year of the arrival of the CSAR, the Cosmetic Supervision and Administration Rules, which must radically reform Chinese cosmetics regulations, and perhaps change the face of trade with this country!

> See
China: on the road to new regulations (1/2)
China: on the road to new regulations (2/2)

Happy New Year to you all!

LW

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