EU Safety Gate alerts for 213 non-compliant cosmetics in 2022
2022 EU Safety Gate Alerts

On 13 March 2023, the European Commission published its annual report on the Safety Gate, including 213 alerts related to cosmetic products.

EU Safety Gate, formerly known as RAPEX, is a Europe-wide rapid alert system for dangerous non-food products which enables national authorities in 30 countries (27 EU countries plus Iceland, Liechtenstein and Norway) to quickly exchange information and corrective measures taken against dangerous products.

Every day, national authorities enter information in the system about measures taken against dangerous products found on their market. The information, in the form of alerts, is immediately visible to all the other authorities, who can then inspect their own markets and take measures themselves, if needed.

On 13 March 2023, the European Commission published its annual report on the Safety Gate. During the year of 2022, the EU Safety Gate published 213 alerts related to cosmetic products, with the following highlights:

  • Most of the non-compliant cosmetics were notified by Sweden, Lithuania, Italy, Germany and France.
  • Perfume tops the list of non-compliance cosmetics, followed by skin-lightening cream/lotion, body cream/lotion, face cream and hair dye.

The main non-compliance reasons for the notified cosmetics include:

  • 190 represented a chemical risk due to the presence of prohibited ingredients, e.g., butylphenyl methylpropional (lilial), hydroxyisohexyl 3-cyclohexene carboxaldehyde (lyral), hydroquinone, methylchloroisothiazolinone and methylisothiazolinone, mercury, isobutylparaben.
  • 20 represented a microbiological risk due to contamination by microorganisms
  • 2 represented a choking risk due to their resemblance to food
  • 1 represented a cutting risk due to a defective glass bottle.

References:

1. Safety Gate: the EU rapid alert system for dangerous non-food products

other REGULATORY UPDATES

French Anti-Waste Law – Impact in Cosmetics Packaging and Labelling

PACKAGING WASTE MANAGEMENT

Date of application: 01/01/2023, with a transition period until 09/03/2023 for packaging produced or imported before 09/09/2022.

The Loi relative à la lute contre le gaspillage et a l’économie circulaire (Anti-Waste for a circular economy) has come officially into force in France in 2020. From January 2023 the requirements of the law became mandatory, including specific symbols on the packaging or labelling of cosmetic products.

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Regulation (EU) 2022/1531 – OMNIBUS ACT V – applicable as of 17 December 2022

Ingredients: METHYL SALICYLATE, SODIUM HYDROXYMETHYLGLYCINATE, DBMC, MIBK

Date of publication: 15/09/2022

Date of application: 17/12/2022

The European Commission has published the Commission Regulation (EU) 2022/1531, which amends the Regulation (EC) No 1223/2009 as regards the use in cosmetic products of certain substances classified as CMR, by adding new entries to Annex II and Annex III and revising an entry in Annex V.

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Any REGULATORY QUESTION?

French Anti-Waste Law – Impact in Cosmetics Packaging and Labelling

PACKAGING WASTE MANAGEMENT

Date of application: 01/01/2023, with a transition period until 09/03/2023 for packaging produced or imported before 09/09/2022.

The Loi relative à la lute contre le gaspillage et a l’économie circulaire (Anti-Waste for a circular economy) has come officially into force in France in 2020. From January 2023 the requirements of the law became mandatory, including specific symbols on the packaging or labelling of cosmetic products.

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SCCS Revision of the Scientific Opinion on Vitamin A

Ingredients: RETINOL, RETINYL PALMITATE, RETINYL ACETATE, RETINYL LINOLEATE, RETINAL

Date of publication: 25/10/2022

The Scientific Committee on Consumer Safety has issued a final version of the Scientific Opinion on Vitamin A, concluding that exposure to Vitamin A derived from cosmetics can be a concern for higher exposure consumers, and since cosmetics alone do not exceed the upper limit the SCCS cannot suggest maximum concentration limits that take into account contributions from other sources.

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Regulation (EU) 2022/692 – OMNIBUS ACT VI – New and Updated Classification of Cosmetic Ingredients

Ingredients: BENZOPHENONE, TEOPHYLLINE, MELAMINE, AZADIRACHTA EXTRACTS, TRIMETHYLOLPROPANE TRIACRYLATE, PENTETIC ACID, PENTASODIUM PENTETATE

Date of publication: 03/05/2022

Date of application: 01/12/2023

The Commission Delegated Regulation (EU) 2022/692 includes new or updated classification for 12 chemicals that may be used as cosmetic ingredients. Seven out of these 12 are now classified as carcinogenic, mutagenic or toxic to reproduction (CMR) and are banned from cosmetic products marketed in the EU.

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