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.
Picture of Marta Pinto

Marta Pinto

Regulatory Affairs Associate

IMPACT ON FRENCH CONSUMERS’ DAILY LIVES

Single-use plastics are found everywhere in our daily lives, including in cosmetic products, so the French Anti-Waste Law is expected to a major impact in consumer’s lives and habits.

The French Anti-Waste Law, also called, AGEC Law (Loi relative à la lute contre le gaspillage et a l’économie circulaire), contains about 50 measures that include new obligations (requirement of transparency), new prohibitions (control of irreversible ecological ambitions) and new tools to better control and sanction offences against the environment. These will have a huge impact on the production method of companies and the consumption pattern of citizens.

Phasing-out disposable plastic, better informing consumers, fighting against waste and promote reuse, acting against planned obsolescence and better producing are main pillars of the AGEC law.

The law lays down a progressive and reasoned method for phasing out by laying down 5-year plans which will provide for plastic reduction, reuse and recycling targets. The main goal is to achieve zero disposable plastic by 2040 and this ban will happen in 4 stages (2020-2025, 2025-2030, 2030-2035 and 2035-2040).

COSMETICS MADE AVAILABLE ON THE FRENCH MARKET

Cosmetic and personal care products that are made available on the French market need also to comply with Anti-Waste law.

This law strictly prohibits the destruction (landfilling and incineration) of unsold non-food products (which includes cosmetics) and companies will now be required to give them a use (e.g., donating them to associations, or recycle). However, there is an exception for products for which recycling would lead to a negative environmental impact or if it is prohibited (because it poses a risk to the environment or human health) or for which no technical solution for reuse, recovery or recycling exists.

Other requirement is that consumers need to be well informed, including on the environmental characteristics of the products. In this way, the Triman Logo is mandatory and shall be indicated on the product, its packaging or on the documentation provided with the product. This legal obligation also applies to products sold online to France. It needs to be accompanied by the information on the sorting process for each type of product. Any other signs that might confuse consumers regarding the sorting rules should be removed.

This logo means that the waste is subject to a sorting rule and it does not mean that the waste will necessarily go in the recycling bin (e.g. yellow waste bin for packaging, at-store return/take-back for electric and electronic equipment, specific collection stations for batteries, etc.) .

Example of the Triman logo together with sorting instructions

The Triman Logo should be printed in black and white, with a minimum size of 6 mm, and it can not be superimposed by other visual elements or be smaller than symbols printed alongside it. The information regarding the material and the sorting process needs to be in French (including on e-commerce), as this is a specific obligation for the French market.

A transition period was granted until 9 March 2023, for packaging produced or imported before 9 September 2022.

Being the first in the world, the French Anti-Waste Law is considered a groundbreaking law and a crucial step towards a better protection of the environment. For more information, do not hesitate to contact us at info@criticalcatalyst.com.

References:

1. LOI nº 2020-105 du 10 février 2020 relative à la lutte contre le gaspillage et à l’économie circulaire. Journal Officiel de La République Française. 11 février 2020.

2. Ministére de la Tansition Écologique Et Solidaire – The Anti-Waste Law in the Daily Lives of the French People, What Does That Mean in Practice?

further
reading

medical devices

Safety Reporting in Clinical Investigations: a Gap Analysis of Guidance Documents 

Safety reporting in clinical investigations of medical devices shall be performed in line with Article 80(2) of the EU MDR. On May 2020, it was published the MDCG 2020-10/1, outlining the procedures for safety reporting in clinical investigations of medical devices under the EU MDR. However, on October 2022 the Medical Device Coordination Group (MDCG) published an updated version of the MDCG 2020-10/1, the MDCG 2020-10/1 Rev 1. This article highlights the updates included in the new revision, analysing the gaps between both documents.

Read More »
medical devices

Roles and Responsibilities of an Authorised Representative under EU MDR and IVDR 

If a medical device manufacturer is not established in a Member State, the devices can only be placed on the Union market if the manufacturer designates an authorised representative. The authorised representative plays a pivotal role in ensuring the compliance of the devices with EU regulation, serving as point of contact. The obligations and responsibilities of authorised representative are outlined on Article 11 of both MDR and IVDR, but clarification of relevant requirements is described in MDCG 2022-16 of October 2022.

Read More »
medical devices

Understanding the ISO Standards Lifecycle

ISO Standards cover a huge range of activities, representing the distilled wisdom of people with expertise in their subject matter and providing the regulators with a sound basis to develop better legislation. ISO Standards are diverse, addressing from the shoe size we wear to the quality of air we breathe. The medical device sector is no exception. ISO has many International Standards and guidance documents aimed at helping the sector ensure safe and effective medical devices while meeting the multitude of national, regional and international regulatory requirements. But how exactly is a Standard developed, reviewed and withdraw?

Read More »
medical devices

Amendments to the Transitional Provisions of the European Union MDR and IVDR

The proposed amendments aim to maintain patients’ access to a wide range of medical devices while ensuring the transition to the new framework. The ammendments proposal aims to extend the current transition period (Article 120 of the MDR), and it also deletes the ‘sell-off’ deadlines of both MDR and IVDR. The extension is staggered depending on the risk class of the device – until December 2027 for high-risk devices and December 2028 for medium and lower-risk devices.

Read More »
medical devices

EU MDR – Proposal for Extension of Transition Period

The transition to MDR has been slower than anticipated by the European Commission. Insufficient capacity of notified bodies and the low level of preparedness of manufacturers led to a proposal for extension of current MDR transition period with deadlines depending on the risk class of the devices.

Read More »
medical devices

MDCG 2022-18 – EU MDR Article 97

EU MDR Article 97 may be a temporary solution to avoid disruption of supply of Medical Devices on the EU Market. The MDCG 2022-18 presents a uniform approach for application of MDR Article 97 on non-compliant legacy devices under the conditions set by the competent authorities, while limiting the impact on the supply of safe and effective devices.

Read More »
parfum_fragrance_allergen_1
cosmetic products

EU to set Labelling Requirements for 56 additional Fragrance Allergens in Cosmetic Products

World Trade Organization (WTO) has been notified by the European Commission of a draft amendment to Regulation (EC) No 1223/2009 as regards labelling of fragrance allergens in Cosmetic Products. The proposed date of adoption of the new regulation is expected to be in the first half of 2023 and the propose date of entry in force 20 days from the publication in the Official Journal of the European Union.

Read More »
cosmetic products

New Amendments to the European Cosmetics Regulation – CMR Substances

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

Read More »