REGULATORY & COMPLIANCE
• Submit DUINs via the UK REACH-IT system to the HSE
• Continue communication with suppliers
• Prepare your business for possible changes to the supply chain , ingredients and products
With regard to ingredients , it should be noted that EU restrictions will not be included automatically in UK REACH . The UK REACH work programme for 2021-2022 has already been defined , and key ingredients that are under review in EU REACH - D5 , D6 and microplastics - are not part of it . Thus D5 and D6 will not be included in the UK REACH Authorisation list , at least for now . Regulatory management option analyses ( RMOAs ), which help to ascertain whether further risk management measures are needed and identify appropriate ways to manage those risks , are expected at some point in the future . The timing on this remains unclear . Per- and polyfluro alkyl substances ( PFAS ), however , are a priority under UK REACH and are already undergoing an RMOA in both the UK and the EU . PFAS have limited uses in cosmetics and these are unlikely to be defended . The concern for the CTPA is that this may set a precedent for banning a
Figure 3 - Key principles & obligations of UK REACH
No data , no market whole group of substances that should be assessed individually .
Environmental claims
Mirroring the EU Cosmetic Products Regulation and other general regulation , Article 20 of the UK Cosmetics Regulation states that cosmetic claims must be substantiated . This applies to environmental claims . There has been concern in many quarters about the proliferation of such claims . In 2021 , the UK Competition & Markets Authority issued its Green Claims Code , laying down six principles which must be complied with when making environmental claims for any products . The sixth states that claims must be substantiated by being tested against scientific or other evidence and substantiated by robust , credible , relevant and up-to-date evidence , considering the whole life-cycle of the product . Enforcement investigations will begin January 2022 and companies are urged to review any ‘ green ’, ‘ sustainable ’ and ‘ environmental ’ claims they make . The CTPA has also updated its guidance on this subject .
CPR review
The EC is reviewing the CPR , CLP and REACH Regulations in the light of the objectives of the EU Chemical
Identify and manage the risks linked to the substances they manufacture and market in GB
Strategy for Sustainability ( CSS ), part of the European Green Deal , which was announced in October 2020 . The CSS is a much more hazard-based approach to chemicals than existing regulations . There is also a worrying element to this , in that it brings in the concept of ‘ essentiality ’ with regards to chemicals , which could also be made to apply to products . In order to achieve the objectives of the CSS , an inception impact assessment ( IIA ) has been launched . CTPA and Cosmetics Europe , the European personal care association , have in particular commented on :
• CMRs ( Article 15 ), the determination of which is already hazard-based
• The effectiveness , efficiency & coherence of safety assessments across EU legislation , which could help legislators to take on board some of the emerging alternatives to animal testing
• The definition of nanomaterials : there is one already in the CPR , but there is a push for an overarching definition that may bring harmonisation across all sectors
• How specific product label information is provided , with the possibility of introducing digital labelling , which the industry sees as hugely positive
The ongoing review process is not completely clear yet , but we do believe there will be movement shortly , based on the outcome of the IIA . Changes are afoot and these will impact anyone involved in the cosmetics markets of the EU and the UK •
Demonstrate to HSE how the substance can be safely used |
Communicate the risk management measures to the users |
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Dr Emma Meredith
CTPA
CTPA emma . meredith @ ctpa . org . uk www . ctpa . org . uk www . thefactsabout . co . uk
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