CTPA Annual Report 2014 - page 14

International
EU
Many regulations that affect the UK and UK businesses
emanate from Europe and those that control the safety of
cosmetics are no exception.
The European Union has three pillars:
• the European Council, which brings together national and
EU-level leaders, sets the EU’s broad priorities;
• the European Parliament with its directly elected
MEPs (Members of the European Parliament); and
• the European Commission, whose members are appointed
by national governments, which promotes the interests of
the EU as a whole.
The European Commission proposes new laws and the
European Council and Parliament can amend and adopt
them or, in the worst case, reject them. This year, European
parliamentary elections, held every 5 years, took place.
A new European Commission President was elected by
national governments, new European Commissioners were
nominated by governments to serve under the President,
and the European Commission was reorganised.
Cosmetics were the responsibility of the health directorate
of the European Commission but now come under the
Directorate-General (DG) for the Internal Market, Industry,
Entrepreneurship and SMEs (DG GROWTH, referred to as
DG GROW).
One of Cosmetics Europe’s prime responsibilities is to liaise
with parliamentarians and European Commission staff so that
they understand our industry, how new or amended legislation
may affect us and to provide the information necessary for
effective policy-making. Although we are in the final stages
of implementing the new Cosmetics Regulation, there are
many other issues of importance to us as well such as the
proposed TTIP (EU-US Transatlantic Trade and Investment
Partnership) and the promotion of the EU model of cosmetics
legislation around the world, which helps exporters.
China
With the ban in the EU on the use of animals for the safety
testing of cosmetic products and their ingredients now fully
in force, pressure is mounting on other non-EU countries to
introduce similar bans. China is a major market for,
and producer of, cosmetics but its national laws require the
Chinese Government to test imported products on animals.
The cosmetics industry has long advocated and actively
promoted stopping animal testing, using non-animal
alternative test methods instead, and the European
Commission has worked hand-in-hand with the cosmetics
industry to achieve this.
This year we were pleased to see that the context is slowly
changing in China with the Chinese Food and Drug
Administration (CFDA) becoming more interested in looking
at alternative testing methods. In 2014, the CFDA accepted
that animal testing is not required as long as a safety
evaluation for ‘non-special use cosmetics’ could be provided
instead. Unfortunately, China has not yet extended this to
imported cosmetics.
At the end of year, the CFDA launched an open
consultation on the draft Cosmetics Supervision and
Administration Regulation (CSAR) as part of its review of
the Cosmetics Hygiene Management Regulation (CHMR).
The revision is a major update that moves the legislation
away from pre-market registration towards the
manufacturer’s responsibility and in-market controls,
as used in the EU. Unfortunately, there are still some
differences in the treatment of domestically produced
and imported cosmetic, toiletry and perfumery products.
The cosmetics industry and Cosmetics Europe will continue
to press the European Commission and the Chinese
Government to create a level playing field for locally produced
and imported cosmetics products as we have in the EU.
India
CTPA has been managing a Cosmetics Europe (CE) working
group on India and building a relationship with the Indian
Beauty & Hygiene Association (IBHA). Issues of note include
an animal testing ban, vegetarian labelling requirements
for cosmetics and a ban on over-labelling with stickers,
a common practice on imported products to adapt them to
local laws. Following representations by CE, PCPC
(Personal Care Products Council – the US cosmetics trade
association), and IBHA, the Drug Controller General of India
agreed with the industry comments on over-labelling.
At this time, the new animal testing ban does not make clear
the scope of the ban and CE, PCPC and IBHA are working
in collaboration to resolve this. Finally, the new law requiring
products to be labelled whether they are suitable or not for
vegetarians does not define ‘vegetarian’ and so cannot be
complied with. This has been referred to the courts and is
currently not enforced in India.
04
Review of the Year
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