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[Chemlinked] Canada Proposes to Require Cosmetics to Label Certain Toxic Substances

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등록일 2022-12-20

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Introduction to the Canadian Environmental Protection Act, 1999

The primary purpose of the Canadian Environmental Protection Act, 1999 (CEPA) is to contribute to sustainable development through pollution prevention. It provides the legislative basis for a range of federal environmental and health protection programs, including activities related to:

  • assessment and management of risks from chemicals, polymers and living organisms
  • programs related to air and water pollution, hazardous waste, air pollutants and greenhouse gas emissions
  • ocean disposal
  • environmental emergencies

 

CEPA enables the Government of Canada to develop a wide range of measures to protect the environment and human health from the risks posed by substances listed on Schedule 1 of CEPA. Labeling requirements is one possible means. They have been used for various purposes, such as requiring the labeling of allowable concentrations in the product and instructions for product disposal.

On Oct. 29, 2022, Canada published the Canada Gazette, Part II, Volume 156, Number 44, including a Notice of Intent on the Labeling of Toxic Substances in Products. 1 According to the notice of intent, the Government of Canada plans to require certain products (including cosmetics) to label the information on substances listed in the List of Toxic Substances (Schedule 1) of CEPA.

Stakeholders can mail any suggestions to Substances@ec.gc.ca before Jan. 12, 2023.

Criteria of Toxic Substances to be Labeled

The Government of Canada will develop criteria for determining which toxic substances shall be labeled. The basic principle is that providing information on these substances can help reduce risks to the environment and/or human health. Criteria may include the following:

Toxic substances that shall be labeled
  • when the substance could be associated with potential concerns to the environment or human health at any stage of its life cycle;
  • when labeling can help in achieving the purpose of risk management;
  • when the substance is subject to a phase-down and will continue to be found in products for some time before being fully restricted or eliminated;
  • when there are concentration limits of the toxic substance for products;
  • when there is a need to provide disposal guidance related to the substance's presence.

Toxic substances that can be exempted from labeling
  • when a toxic substance is prohibited in products according to regulations under federal law;
  • when another federal Act is best placed to manage the risks identified from a toxic substance;
  • when a substance is considered toxic under CEPA but would not pose environmental and human health risks when contained in a certain product or when the product is disposed of.

Consideration will also be given to requiring labeling for substances belong to a group or a class of substances that have characteristics of concern.

 

Labeling Format

In addition to traditional physical labels, the Government of Canada intends to consider the applicability of consumer-oriented digital mechanisms for providing information on certain toxic substances in products.

The Government of Canada will also explore the most appropriate information subject to labeling requirements, for example, information on the presence of a substance, its concentration and its quantity.

The Government of Canada intends to consult on a product labeling strategy in 2023, including specific implementation measures.

 

Reasons for Proposed Amendments

The reason for the proposed amendment is that Canadians deserve and want to know what toxic substances are in the products they use daily, especially if these substances impact the environment and/or human health. The Minister of Environment and Climate Change Canada and the Minister of Health Canada are committed to addressing this issue by requiring companies to inform Canadians of the environmental impacts of consumer products, and by introducing mandatory labeling requirements for toxic substances in consumer products.

 

Webinar Recommendation

Just as attractive labeling is one of the product's most important features when it comes to sales, so is correct labeling essential for the compliance of the cosmetic product around the world.

ChemLinked will co-host a webinar with CE.way on Dec. 1 to interpret the labeling regulations and specific labeling rules in the EU, UK, US and Canada, which must be followed if enterprises want to sell cosmetic products in these four regions. Mr Tadej and Ms Tjaša from CE.way will discuss if it is possible to design one label to ensure compliance in all four markets. Additionally, they will focus on the claims that enterprises can put on the labels targeting those markets and ways to prove them. Welcome to register the webinar here.

 

Further Reading

 

Reference Links

[1] Canada Gazette, Part I, Volume 156, Number 44: Government Notices

 

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