UKCA Marking for Aerosol Products in the UK
UKCA marking will be mandatory for aerosol products placed in the UK, as the 'inverted epsilon symbol' will no longer be recognized. This applies to all kinds of aerosol products, including cosmetics. Companies will have until the end of the year to make their products compliant.
Marta Pinto

Marta Pinto

Regulatory Affairs Associate

EU AEROSOL DISPENSERS DIRECTIVE

Europe is considered a world leader in the sector of aerosol dispensers which concerns mainly consumer products (large volumes of products in various sectors: cosmetics, healthcare, food, etc.), but also a substantial number of products for professional use.

Besides the need to comply with the EU Cosmetics Regulation ((EC) No 1223/2009), cosmetic products packaged in aerosol dispensers need to comply with the additional requirements specified by the Council Directive 75/324/EEC (Aerosol Dispensers Directive, article 8) and its amendments and by Directive 2007/42/EC.

The Aerosol Dispensers Directive defines ‘aerosol dispenser’ as “any non-reusable container made of metal, glass or plastic and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state“.

According to this Directive and its adaptations to technical progress (94/1/EC and 2008/47/EC), aerosols with a capacity of more than 50 ml must include the ‘inverted epsilon’ symbol (‘3’). This symbol certifies that the aerosol is in conformity with the Aerosols Dispenser Directive. Markings or inscriptions which might be confused with the ‘inverted epsilon’ symbol are prohibited.

Inverted Epsilon Symbol

UKCA MARKING FOR AEROSOL PRODUCTS

The UKCA (UK Conformity Assessed) marking came into effect last year for goods being placed on the market in Great Britain (GB – England, Wales and Scotland). The UKCA applies to most goods previously subject to the CE marking but also to aerosol products that previously required the ‘inverted epsilon’ symbol.

The Schedule 13 of the Product Safety and Metrology (UK Aerosols Regulation) initially stated that either the UKCA mark or the ‘reverted epsilon’ symbol could be affixed in the packaging. However, this will no longer apply and aerosols will need to bear the UKCA mark. Although it is not prohibited for aerosols to indicate the ‘inverted epsilon’ symbol, such mark will have no significance under the UK framework.

The UKCA marking must be clearly visible and legible. It must be placed on the product by the product’s manufacturer or authorized representative, which takes full responsibility for the product’s conformity with the requirements of the relevant legislation.

The UKCA marking was supposed to become compulsory at the beggining of this year. However, the Office for Product Safety and Standards (OPSS) has give an extra year, and the UKCA marking will be mandatory from 1 January 2023. This means that aerosol products made available in GB can have either the UKCA or the ‘inverted epsilon’ symbol.

Until 31 December 2022, this mark may be affixed to a label (e.g., sticker) or a document accompanying the aerosol dispenser. From 1 January 2023, the UKCA marking needs to be placed directly on aerosol dispensers.

Aerosol dispensers marked with the UKCA marking will only be able to be placed on the GB market, as this marking is not recognized on the EU market.

UKCA Marking

Any doubts on how this can affect your cosmetic products? If you need any information regarding this or other subjects, fell free to contact us at info@criticalcatalyst.com.

References:

  1. Council Directive of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (75/324/EEC).
  2. Schedule 13: Aerosol Dispensers Regulations 2009.
  3. UK Product Safety and Metrology. What’s changed from 1 January 2021 in relation to Great Britain? Office for Product Safety & Standards. January 2021.

further
reading

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 »
medical devices

EUDAMED – harmonized practices and alternative solutions for IVDR until the database is fully functional

EUDAMED is one of the key aspects of the new rules on in vitro diagnostic medical devices – Regulation (EU) 2017/746. However, it is only expected to achieve full functionality by the second quarter of 2024. Until then, how is the information submitted and/or exchanged between manufacturers, notified bodies and competent authorities?

Read More »
medical devices

EUDAMED – update on timelines

EUDAMED is one of the key aspects of the new rules on medical devices (Regulation (EU) 2017/745) and in vitro diagnostic medical devices (Regulation (EU) 2017/746), and it is expected to achieve full functionality by the second quarter of 2024.

Read More »
cosmetic products

UK OPSS call for data on six cosmetic ingredients

On 14 July 2022, the Office for Product Safety and Standards (OPSS – the UK regulator for cosmetic products) issued a call for data on the safety of the following six cosmetic ingredients to investigate any suspected endocrine disrupting properties. 

Read More »