Cosmetic Regulations

16 July 2019

The 2019 Free From Skincare Awards Shortlist is Announced
This year judging for the Free From Skincare Awards was an interesting challenge for those of us around the table. In the mix of our usual considerations was the new EU Commission guidelines surrounding free from claims. According to Commission Regulation (EU) No 655/2013 claims on cosmetic products should conform to the following common criteria: 1. Legal compliance 2. Truthfulness 3. Evidential support 4. Honesty 5. Fairness 6. Informed decision-making.

26 January 2015


How To Read Ingredients Labels & Understand New Food Labelling Laws

Last week Bodhi Luxe published my article titled "How To Read Ingredients Labels & Understand New Food Labelling Laws" In this post, I am giving a brief overview of the new EU Regulations regarding labelling of food allergens for pre-packaged foods, eating out and food served loose (non-prepackaged).

The Bodhi Luxe website has been removed so I have posted my original article below.

When it comes to our food most people are likely to take an interest in what they consume and will read labels. I assume most of us are now familiar with nutritional information, but the way in which allergens are identified has recently changed.

Companies have been preparing for new EU regulations (‘Food Information for Consumers Regulation (EU) No. 1169/2011′), which have been adopted into UK law and officially came into effect on 13th December 2014. The regulation affects pre-packaged foods, eating out and food served loose (non-prepackaged).

There are fourteen major allergens which need to be highlighted: Cereals containing gluten, crustaceans, eggs, fish, peanuts, soybeans, milk, nuts, celery, mustard, sesame, sulphur dioxide, lupin and molluscs.

Allergens need to be identified according to these names and emphasised on the label; this could be in bold, italics or underlined. For example, you should see allergens listed as tofu (soya), tahini (sesame seed) and whey powder (milk). 

A ‘contains X’ allergy statement will no longer be allowed. A ‘may contain’ warning (for cross contamination risks or production methods) is voluntary information which should be taken seriously, yet the new regulations do not control how this information is provided by businesses.

When it comes to making consumers aware about gluten, it’s the cereal that needs to be identified e.g. wheat, rye, barley. There are existing regulations for labelling products ‘gluten free’ (a threshold exists and these products must not contain more than 20ppm gluten). If Coeliacs have any questions about food labels, further information is available from Coeliac UK

Another major change affects businesses selling unpackaged foods, such as those sold on market stalls, restaurants or deli counters. These sellers will no longer be allowed to say they do not know if the product contains allergens. However, the new regulations are not asking chefs to specifically cater for allergies or remove allergens from their kitchens, it is simply to provide information which can assist allergic customers to identify safe dishes.

Allergen information could be written down on a chalk board or chart, or provided orally by a member of staff. When allergen information is not provided upfront, clear signposting to where this information could be obtained must be provided. If you struggle to obtain the information you require, then report the establishment to your local authority (Trading Standards).

The year ahead is going to be an interesting one for food labelling. Old and new styles will co-exist for the time-being until older stocks are depleted. Not everyone has been ‘getting’ the labels and mistakes are being picked up by consumers.

25 September 2014

blogger problems To Review or Not To Review
To a small company a popular review post can be of enormous value. It's one of the reasons I am selective about who I support. I accept samples in good faith. I do not take lightly the decision to publish my thoughts and opinions. When working with brands, I endeavour to keep communication open and usually provide private feedback or ask questions before a blog post goes live. 

A few weeks ago I responded to a request for bloggers with eczema to review a balm. I knew the company and I had brought products from them in the past so I was more than happy to volunteer. As I sat down to write my review, I remembered I needed to query the ingredients label. I emailed and enquired if the lack of INCI (ingredient only stated in English) was an oversight or did I have outdated packaging (I had agreed to accept a sample that failed quality control). I also did not recall this problem when I purchased one of their other products. 

I was surprised by the response, in their opinion the label was compliant (they had received legal advice). I directed them to the Cosmetic Products (Safety) Regulations 2008. The next email received proudly informed me that they had done their own research and referenced that the July 2013 regulations (EU Cosmetics Regulation (EC) No. 1223/2009) do not stipulate INCI so they are not in the wrong over the labels. I am not surprised by the conclusion made, as they referred me to an unofficial website. However, if you research thoroughly, you will discover statements that the requirement for INCI remains unchanged. (In April I wrote a blog post on the regulations click here)

At the point where you get told "I thought getting a free sample would be beneficial to you, this has perhaps not being the case.” I am willing to throw in the towel. I would rather concentrate my time on brands that are not afraid of feedback be it good or bad. 

This company expects a review but I have been put in an awkward position. The frustrating part is the dilemma between supporting this company (as they do have good products) and fighting the nagging feeling that I can’t recommend a brand failing to meet regulations. Giving this company a recommendation is a disservice to all the brilliant brands I have work with who I know are diligent about regulations. The other sticking point is purely personal. I don't want to feel the wrath of an angry company because I have to be truthful in a review and they clearly disagree with me. I have gone there in the past and whilst my readers are hugely supportive and commend me for it, I'm the one that has to manage the furious emails.

This experience has highlighted to me that there are major flaws in how the cosmetic regulations are managed and enforced. Can the fact that a company is small and laws are complex really be an excuse for getting this wrong? I do sympathise to an extent but with the internet at our finger tips we can unravel most things. All my knowledge comes from asking people in the industry, reading books and the internet. I also want to highlight that if a company can't get labelling correct what other elements of the regulations are they failing to comply with? Are they keeping batch records or registering their products with the CPNP?

I feel the need to stress to other bloggers that cosmetic regulations are important. I’ve been informed that some don't care about lack of INCI. I understand where this derives from because English is easiest to understand, but the bottom line is regulations are in place for consumer safety. Consider this, you choose a product, you are happy it's suitable for your needs and then you mysteriously react to it. You just placed a huge amount of faith in that product because of the information provided on the packaging. INCI labelling, expiry dates and listing allergens protect the consumer and company alike.

I want UK bloggers, especially those of you who use natural skincare, to be more aware of the whole picture when reviewing products. Natural and Organic skincare is on the rise, we want it to continue that way and in order to get it on the shelves of big stores, companies must get regulations right.

Sarah x

30 April 2014

Reading labels on food and skincare is part of my daily life because there are many ingredients I either need to or chose to avoid. I want to impart some of my knowledge to readers because there are laws in place to protect consumer safety and a small number of cosmetic manufacturers are failing to comply. I currently have four products in my collection with labelling that does not meet the standards set out by The Cosmetic Products (Safety) Regulations 2008. Obviously, government regulations are lengthy and complex but there are three labelling requirements which I wish to draw your attention to - INCI, allergens in essential oils and best before dates.

You will see from the labels pictured above, these companies fail to comply with regulations because ingredients are listed in English and they should be in INCI (International Nomenclature of Cosmetic Ingredients). For example, water should be listed as Aqua, Jojoba oil as Simmondsia Chinensis (Jojoba) Seed Oil and Shea Butter as Butyrospermum Parkii. When an ingredient cannot be identified in this way then other classifications are used (chemical name, European Pharmacopoeia name, International Non-proprietary name (INN) as recommended by the World Health Organisation, EINECS, ELINCS or CAS identification reference or colour index number). As a side note, ingredients in concentrations of less than 1% may be listed in any order after those in concentrations of more than 1%. If a product is small or an odd shape and labelling it would prove tricky, then ingredients must be shown elsewhere, perhaps on an a leaflet, outer box or a tag.

I approached the companies about lack of INCI and received the following responses. FYI when I shop for products I very rarely give indication that I am a blogger. I do this because I want my shopping experience to be authentic and do not wish to receive special treatment. 

"Yes we are in the process of updating all of our labelling to be in line with the new legislation. As a small family run business that has only recently started selling generally, we do not have the budget of large conglomerates so bare with us as we update the labels."

"And so sorry for a wrong label, not sure how did I get it. I only can guess - As I design, print, cut my labels myself and I normally keep different designs on one product on one sheet of artwork."

"Thanks for the heads up and many apologies, our labels have recently been changed to comply with INCI but an old version must have been stuck on your jar."

Whilst I am willing to give companies the benefit of the doubt, isn't it funny how two of them practically came up with the same "excuse". 

The most alarming part to one response was "I was not aware that allergens for essential oils were a requirement for labels but we will definitely get on the case with that one!" From my own research via Google, I understand that on March 11, 2003, the EU published the 7th Amendment to its Cosmetic Directive 76/768/EEC. Among the changes was the addition of the 26 popular fragrance ingredients to the Annex III. In order to explain what that means for the consumer the following paragraph offers clarification.

"There are 26 fragrance ingredients that are considered more likely to cause reactions in susceptible people. These must be indicated in the list of ingredients, in addition to the word ‘parfum’, if their concentration exceeds 0.001% in leave-on products (e.g. a moisturiser) and 0.01% in rinse-off products (e.g. a shampoo). This way of labelling cosmetics was introduced in 2005 to help people to make informed choices about what they buy, particularly if they have a diagnosed allergy to a specific fragrance ingredient." (source link)

Fragrance allergens are identified at the end of the ingredient lists, you may be familiar with seeing components such as Linalool, Limonene, Geraniol (*further reading).

Lastly, lets address the issue of minimum durability dates which I think is pretty straightforward to understand. The regulation states -

12a) the date of minimum durability
(i)indicated by the words: ‘best used before the end of’ followed by either the date itself, or details of where it appears on the packaging;
(ii)clearly expressed and consisting of either the month and year or the day, month and year in that order
(iii)supplemented, if necessary, by an indication of the conditions which must be satisfied to guarantee the stated durability;
except where the cosmetic product has a minimum durability of more than 30 months, in which case it is not mandatory to indicate the date of durability, but such a product shall have an indication of the period of time after opening for which the product can be used without any harm to the consumer. This information shall be indicated by the symbol given in Part 2 of Schedule 8 followed by the period in months or years or both months and years. (source)

One of the companies I contacted (quoted above) mentioned "new legislation". I can only assume they are referring to Cosmetic Regulation (EC) No 1223/2009, a new directive that came into force July 2013. Rather than bore you with further explanations of recent changes, the infographic below does the job for me.

Two of the products I have in my possession were bought on the basis of reviews I had read. I can not say whether the labels were incorrect for those Bloggers. I love and support cottage industries but can not ignore failures to comply with the law. My most recent cosmetic purchase prompted me to write this blog post because they were the worst offenders. I spent £11 on a cleansing balm that I will not be using. Ingredients are listed in English, which I can forgive but the product contains essential oils and gives no indication of allergens. I worry because this product is from the company that informed me they were not aware allergens had to be listed on the label. As it stands, if the essential oils are above 0.01% (which I have no way of knowing) then this company is breaking the law by not declaring them. Effort has been made to include for a "best before" date as there is a space on label but it hasn't been written in so I have no idea of minimum durability or period for which product is safe after opening. I also spotted lack of a batch code which is required under Regulation 12(1)(d). As a customer with sensitive skin, the risk of allergic reaction is too high.

Countries outside of the EU will comply with different regulations laid out by their governing bodies, however, if they intend to sell to Europe they would be expected to comply with EU laws. If you are not happy with a cosmetic label, I would challenge the company that manufactured the product. If the answer you receive is not satisfactory, you would be within your rights to report your concerns to Trading Standards.

I know this is a lot of information to digest but I am curious, how many of you were aware of the regulations? Are you checking labels in the same way I do? If you find incorrect labels do you raise your concerns with the manufacturer?

Sarah x

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