Beyond the specific Cosmetic Regulation 1223/2009, cosmetic products sold in the EU must adhere to several horizontal regulations. These laws govern general product safety, environmental impact, and marketing claims, forming a complex landscape for ensuring comprehensive Cosmetic Compliance.
1. Ingredient Hazard and Classification: CLP
The CLP Regulation (Classification, Labelling, and Packaging of Substances and Mixtures) governs the hazardous properties of chemical ingredients.
- Role in Compliance: While the cosmetic end product is typically exempt from CLP labeling, the Raw Material suppliers must classify their substances according to CLP. This classification is critical because ingredients classified as CMR (Carcinogenic, Mutagenic, or Reprotoxic) are automatically prohibited or severely restricted for use in cosmetics under 1223/2009 unless an exception is granted by the SCCS
- Impact: Ensures that the risk assessment within the CPSR is based on accurate, standardized hazard data.
2. Marketing and Claims: Omnibus Directive
The Omnibus Directive (which amends the Unfair Commercial Practices Directive) regulates how companies market their products and their claims.
- Role in Compliance: This directive requires transparency regarding price reductions and explicitly bans misleading environmental claims. For cosmetics, this means product claims must be true and verifiable, aligning with the “Proof of Claims” section required in the PIF.
- Impact: It ensures consumer protection against deceptive advertising, making claim substantiation essential for legal Compliance.
3. Environmental and Circular Economy: Packaging and Deforestation
A growing body of EU law focuses on the environmental lifecycle of products:12
- Packaging and Packaging Waste Regulation (PPWR): This proposed regulation aims to overhaul the entire life cycle of Packaging. It sets mandatory targets for reusable packaging, limits over-packaging, and requires specific design-for-recycling standards. Compliance requires manufacturers to fundamentally rethink their containers and display accurate sorting information (often leading to national requirements like the French Triman).
- Deforestation Regulation (EUDR): This law addresses the global environmental impact of sourcing Raw Material. It requires companies to trace the origin of certain commodities (like palm oil or soy derivatives) used in their ingredients back to the point of production to ensure they do not originate from deforested land.
- Green Claims Directive (Proposed): While not yet finalized, the Green Claims initiative seeks to standardize and verify environmental claims. It will require companies to use scientific proof, verified by an accredited third party, for any “green” claim (e.g., “natural,” “carbon-neutral”), further strengthening marketing Compliance.
These horizontal rules ensure that Cosmetic Compliance extends far beyond safety to encompass social, environmental, and fair trading practices across the entire EU market.
