EU Cosmetics Directive Strengthened

The EU Cosmetics Directive is being amended to implement stricter requirements for nanomaterials and CMRs (carcinogens, mutagens and reproductive toxicants). Environmental groups such as Friends of the Earth (FOE) have been calling for some time for nanomaterials to be listed on ingredients listings on packaging and this has finally become mandatory. A safety assessment procedure will also be established for all products containing nanomaterials. Manufacturers who add nanomaterials to cosmetic products must inform the EU Commission six months prior to launch and the Commission will then consult an expert committee. The EU Commission had previously contested that adequate legislation was in place to cover the use of nanomaterials in cosmetics, but there were no specific laws tackling nanomaterials until now.

The regulation also provides a definition of a nanomaterial as “an insoluble or bio-resistant and intentionally manufactured material with one or more external dimensions, or an internal structure, on the scale from 1 to 100nm.”

BEUC – The European Consumer’s Organisation has criticised loopholes in the new regulation with regards to nanomaterials. Although nanomaterials used for certain purposes (such as colouring, preservatives or as UV filters) must be safety tested prior to being placed on the market, nanomaterials used for other purposes will be excluded from this assessment. Instead manufacturers will only have to inform the Commission that they are using nanomaterials in their products. BEUC are calling for a compulsory assessment of the safety of all nanomaterials in cosmetic products before they are allowed onto the market.

BEUC has also suggested that the definition of nanomaterials provided is too narrow, as it only covers biopersistent and insoluble nanomaterials, and that it isn’t being implemented soon enough. The safety requirements do not come into force until 2012, “giving manufacturers three years to market cosmetic products containing potentially unsafe nanomaterials, which will remain unchecked,” says BEUC.

Other measures

The category of CMR substances will also be tightened under the new regulation. Under the Seventh Amendment to the EU Cosmetics Directive substances classified as carcinogenic, mutagenic or toxic for reproduction, category 1 (proven hazard to humans) and 2 (probable hazard to humans) – referred to as CMR substances - are already prohibited. However, substances situated in category 3 (possible hazards) “may be used in cosmetics if the substance has been evaluated by the Scientific Committee on Cosmetic Products and Non-Food Products (SCCNFP) and found acceptable for use in cosmetic products,” according to the Directive. Under the new regulation the exceptional cases where CMRs were permitted has been tightened up.

In addition, the new regulation attempts to ensure that advertising and labelling makes reference only to the genuine effects of a product.

This regulation will replace the 1976 EU Cosmetics Directive, which is, according to the EU Commission itself, a patchwork of the original legislation and 55 subsequent amendments, often with conflicting provisions and inconsistent terminology.

Source: Cosmeticsdesign.com 
BEUC