EU regulatory change: A light or complete makeover?

28-Jul-2022

The consultation period for the EU Chemicals Strategy for Sustainability – Cosmetic Products Regulation (revision) is now over. Sylvie Gallage-Alwis, Partner, and Nikita Yahouedeou, Associate at Signature Litigation discuss the responses and what these might imply

The European Commission opened a consultation on the regulation of cosmetic products between 29 March 2022 and 21 June 2022.

The consultation targeted consumers, experts and members of the industry to gather “information, views and experience on how the EU’s Cosmetic Products Regulation could be improved in order to ensure human health and the functioning of the internal market”.

The European Commission justified reviewing this regulation as a: “Fitness check on endocrine disruptors and a status report/review on the use of nanomaterials in cosmetics.”

The consultation document notes that these checks identified “a number of shortcomings in and related to the Cosmetic Products Regulation”.

Particular issues identified included “the lack of specific provisions for endocrine disruptors” and “the applicability of a generic approach on risk management (GRA) for other harmful substances”.

The document also notes “the potential diverging opinions from committees responsible for the assessment of chemicals and the lack of coherence between legislations on the definition of nanomaterials”.

While the consultation reported that its target audience for the review is wide, in reality, its result will primarily be of interest to industry players and NGOs concerned about the environmental and health issues relating to endocrine disruptors and the changes in the regulation on this subject.

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