THE NEW REGULATION ON COSMETIC PRODUCTS

 

On 30 November 2009, the new regulation on cosmetic products, Regulation (EC) No 1223/2009, was adopted, replacing the Cosmetics Directive (in force since 1976 and updated on several occasions). The majority of this new regulation’s provisions will come into effect on 11 July 2013.

The existing provisions on the prohibition and phasing out of animal testing for cosmetic products remain unchanged.

The major changes will be focused on 3 points:

1) Improving market control tools

Mandatory notification by the manufacturer to the European Commission for any product it places on the market. This notification will allow the Control Authorities in each Member State to increase their visibility of marketed products.

 

2) Creation of an adverse effects database common to all Member States

From now on, the principle of cosmetovigilance, already well-known in France, will be applied in all EU member states.

 

3) Taking account of nanomaterial specificities

Any manufacturer wishing to incorporate nanomaterials into one of its products must notify the European Commission 6 months before placing it on the market (the Commission may then request the opinion of a committee of experts).

The manufacturer must indicate the presence of these nanomaterials in the ingredient list which is already mandatory. A labelling rule has been provided for this purpose: name of the nano ingredient. This will give for example: Titanium dioxide nano.

Europe has been internationally recognised with this new “cosmetics” regulation. It will enhance product safety by taking the latest technological developments into account, including the possible use of nanomaterials.