France Anti-Waste Law
On February 11th, 2020, 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. The law provides for a ban on all single-use plastics by 2040.

Date

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 this law will have a major impact in consumer’s lives and habits.

The French Anti-Waste Law, also called, AGEC law, 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).

For example, by 1st January 2023, disposable tableware must be replaced with reusable tableware in fast-food restaurants. Distribution of free plastic bottles in companies or public events is prohibited, as well as the production and distribution of single-use plastic bags. New single-use plastic products are banned (entirely or partly composed of plastic).

COSMETICS MADE AVAILABLE ON THE FRENCH MARKET

Cosmetic and personal care products that are made available on the French market will also have to comply with Anti-Waste law. Some of the most important mandatory new rules are addressed in the following paragraphs.

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.

The “biodegradable” claim or any equivalent claim will be prohibited on products and packaging.

Other demand is that consumers need to be well informed, including on the environmental characteristics of the products. An environmental and/or social labelling for the whole sector will be created by the actors in the sector along with the ADEME (French Environment and Energy Management Agency).

The Triman logo will be mandatory (from 2021) and shall be indicated on the product, its packaging or on the documentation provided with the product. 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.) . Moreover, there will be a harmonization on the colours of the waste bins throughout the national territory (31st December 2022).

Example of the Triman logo together with sorting instructions

A publication regarding the sorting instructions rules is expected to be announced on the second quarter of this year (2021).

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.

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 – https://www.legifrance.gouv.fr/download/pdf?id=tIvlngK1-pPYKGFzbZJvgnB0La5rYk6ys5dm_FwTPZs=
  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? – https://circulareconomy.europa.eu/platform/sites/default/files/anti-waste_law_in_the_daily_lives_of_french_people.pdf

further
reading

cosmetic products

BREXIT e os Produtos Cosméticos Comercializados em Portugal

No passado dia 22 deste mês, o INFARMED, I.P., emitiu uma Circular Informativa, onde concede um período transitório de 6 meses às empresas, cuja Pessoa Responsável está sediada no Reino Unido e que desejam continuar a ter os seus produtos cosméticos disponíveis no mercado nacional, para que possam enviar toda a documentação e informação necessárias.

Read More »
cosmetic products

Virginia – The Fourth State to Ban Animal Testing in the U.S.

In the United States (U.S.), Virginia is the fourth state to ban animal testing in cosmetic products. The Governor of this state (Ralph Northam) has signed this month (March 2021) a bill and the ban will start on January 1st, 2022. The sale of cosmetics tested on animals will also be prohibited from July 1st, 2022.

Read More »
cosmetic products

France Anti-Waste Law

On February 11th, 2020, 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. The law provides for a ban on all single-use plastics by 2040.

Read More »
cosmetic products

EU Reduction of the Impact of Certain Plastic Products on the Environment

Cosmetics and personal care industry are a growing business, but with this growth comes a major concern: plastic pollution.
The European Commission has published the Directive (EU) 2019/904, known as Single-Use Plastic Directive. This directive addresses the reduction of the impact of certain plastic products on the environment. Harmonized marking specifications are laid down on the Commission Implementing Regulation (EU) 2020/2151.

Read More »
medical devices

BREXIT – Impact on Medical Devices placed in the UK market

From 31 of December 2020, the UK will be regarded as a third country and not a Member State of the European Union. There will be some changes regarding medical devices placed in the UK. The UK’s MHRA has published guidance regarding the regulation of medical devices from 1 January 2021, where it explains what changes and what there is to know about placing a medical device in the Great Britain, Northern Ireland and EU markets.

Read More »
medical devices

Brazil – Class II Medical Devices – New Resolution

A new Resolution of the Collegiate Board of Directors (RDC No. 423/2020) has been published by Brazil’s National Agency of Health Surveillance (ANVISA). This new Resolution announces the elimination of the ‘Cadastro’ pathway regarding the registration of medical devices (Class II) and IVDs, substituting it with a notification registration system.

Read More »
cosmetic products

Butylphenyl Methylpropional to be prohibited in cosmetics placed in the EU market

Butylphenyl Methylpropional, also known as Lilial, is a fragrance ingredient that has been used for years in several cosmetic and non-cosmetic products. Nevertheless, some concerns have been expressed regarding the use of this ingredient and its risk to consumers. According to an amendment to the CLP Regulation (Commission Delegated Regulation No. 2020/1182), Butylphenyl Methylpropional is now classified as toxic to reproduction (Repr. 1B – CMR 1B) and it shall be prohibited in cosmetic products from 1st March 2022.

Read More »
cosmetic products

China Bans Microbeads in Cosmetics

On 16th January 2020, China’s National Development and Reform Commission (NDRC) issued the Notice [2020] No. 80, with the aim of prohibiting the use of microbeads in cosmetics and personal care products. More detailed information was given in the Notice [2020] No. 1146, issued by the NDRC on 10th July 2020.

Read More »
medical devices

EU Medical Devices Regulation – Unique Device Identifier (UDI)

In 2017, two Regulations on medical devices (MDR) and in in vitro diagnostic medical devices (IVDR) entered into force in the European Union (EU), establishing a modernized and more robust EU legislative framework and safeguarding a better public health protection and patient safety. According to the these Regulations, the Unique Device Identifier (UDI) will be mandatory for all medical devices and in vitro medical devices.

Read More »
COVID-19

FDA updates on hand sanitizers safety for use

The U.S. Food and Drug Administration (FDA) has announced that it is providing a new laboratory testing method to assess the quality of finished hand sanitizers. Moreover, the FDA has issued a new press release on August 27th 2020, where it warns consumers about hand sanitizers packaged in food and drink containers. Earlier this month, the FDA expanded hand sanitizer warnings to include 1-propanol contamination.

Read More »
cosmetic products

RAPEX System 2019 Report

Every week, the RAPEX system publishes notifications of urgent measures taken by EU Member-States to prevent, restrict or impose conditions on the marketing of products due to the serious and immediate danger they pose to the health and safety of consumers.

Read More »
cosmetic products

Cosmetic Packaging in European Union

Packaging material is defined as the container (or primary packaging) that is in direct contact with the formulation. According to the European Cosmetic Regulation No. 1223/2009, packaging evaluation is mandatory to guarantee cosmetic product safety. To meet this Regulation requirements, the European Commission issued the Decision 2013/674/EU, establishing guidelines on the practical application of such requirements and identifying information that should be collected on the packaging materials and the potential migration of substances from packaging.

Read More »