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Eurofins | Newsletter - January 2018 | Cosmetics

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Monday, January 15, 2018


Report of the European Commission on Product Claims

In the conclusion of the report of the European Commission on product claims based on common criteria in the field of cosmetic products (COM/2016/580 final), 90% of the claims for cosmetic products analysed were found to comply with the common criteria established by Regulation (EU) No 655/2013.

Most of the claims found non-compliant were misleading claims about the function or effects of the cosmetic product.

In addition, among the difficulties encountered during the testing of the claims, the fate of "hypoallergenic" and "without/free-from [authorized ingredient]" was undecided. Such claims are considered derogatory, since they give the consumer a negative image of authorized ingredients whose safety has been scientifically proven. All Member States contributing to this report agreed that the "free from" and "hypoallergenic" claims should be clarified. These two points could be addressed within the existing "Allegations" sub-working group, using ad hoc technical documentation.

Click here to get the report.



Recent SCCS Views on Cosmetics


Following a list of the recent opinions of Scientific Committee on Consumer Safety (SCCS) (non-exhaustive list):

SCCS - Preliminary Opinion open for comments on Skin Sensitisation Quantitative Risk Assessment for Fragrance Ingredients (QRA2)
SCCS - Addendum to the Opinion on Climbazole (P64) ref. SCCS/1506/13


Updates in European Cosmetic Regulation and related





Draft Commission Regulation amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (and its accompanying annex)


On November 2017, the European Union notified WTO (World Trade Organization) this draft regulation about restriction of the maximum concentration of O-PHENYLPHENOL as a preservative in leave-on cosmetic products from the currently authorised concentration of 0.2% to 0.15%.

Commission Delegated Regulation (EU) 2017/2100 of 4 September 2017 setting out scientific criteria for the determination of endocrine-disrupting properties pursuant to Regulation (EU) No 528/2012 of the European Parliament and Council


On November 2017, this Regulation was finally published in the Official Journal of the European Union.
This Regulation sets out scientific criteria for determining endocrine-disrupting properties in biocides. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 7 June 2018

Commission Regulation (EU) 2017/2228 of 4 December 2017 amending Annex III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products


On December 2017, this Regulation was published in the Official Journal of the European Union.
In Annex III to Regulation (EC) No 1223/2009, in the table, the following two entries are added:

  • Peanut oil, extracts and derivatives
  • Hydrolyzed wheat protein

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast)

Regulation (EC) No 1223/2009

On December 2017, the last consolidated version of the Cosmetic products regulation was published



Risk Assessment of Professionals in Care and Decoration of the Nails by ANSES.

ANSES publishes the results of its expertise on the assessment of the health risks of professionals exposed to products used in the care and decoration of the nails. In view of the large number of substances to which professionals are exposed, the Agency issues a series of recommendations for the various actors concerned: marketers, industry professionals, public authorities, research institutions and organizations, and of prevention. These recommendations cover both prevention and protection measures to be implemented, the chemical safety of cosmetic products and the assessment of exposure of professionals, as well as measures relating to training and information.


The Agency recommends, among others, to marketers of cosmetic products for nail care and decoration, to implement in the short and medium term the development and / or replacement of products in order to eliminate exposure sources of various dangerous chemical agents, in particular polymerizable (meth) acrylic monomers, toluene, acetaldehyde, ...; as second-line, to develop products / techniques with which the professional would not come into contact ("no-touch") in cases where the substitution of the dangerous agent could not be technically possible.


Click here to read the report (in French)



Online Sale of Cosmetics: the List of Ingredients Must Be Displayed


The DGCCRF (Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes) reminds that the list of ingredients is substantial information within the meaning of Article L.111-1 of the French Consumer Code, which must appear on the websites of online sales of cosmetics.

The document is available, in French, in the following link



Draft Guidance About Gluten in Drug Products

The FDA (U.S. Food and Drug Administration) published the draft guidance on Gluten in Drug Products. This guidance has been prepared to human drug products that pass through the small intestine. Of importance for the Cosmetic business is that it does refer, within others, to topical products applied to or near the lips (e.g. lip sunscreens) (This includes topical drug products that are also cosmetics, such as lipsticks that are also sunscreens) This Guidance is a recommendation for those who sell or import these kind of products in the US. It is important to indicate that this guidance does not apply to food (including dietary supplements) or products regulated solely as cosmetics (according to the US legislation).


Click here to get the draft guidance


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