Subject: Cosmetic Claims in the EU: New Guidelines to Interpret the ‘Common Criteria’ Legislation
Follow-up of IL-049
The new guidelines interpreting the ‘Common Criteria’ for the justification of marketing claims in the European Union will be implemented on July 2nd, 2019. From this date, National Authorities and Courts of Justice will start to use these guidelines as a reference. The new rules have serious consequences as some very common claims such as ‘parabens free’ will become prohibited in six months of time. Cosmetic brands should ensure that their product labels and other marketing communications comply with the new requirements or, at least, will comply by the deadline.
The main changes compared to the previous guidelines concern the ‘free from’ claims and the ‘hypoallergenic’ claim. Cosmetic brands not yet familiar with these new requirements should urgently read the Information Letter N°49.
The upcoming implementation of these new guidelines comes with two major consequences:
- From the publication date of this Information Letter, BIORIUS Regulatory Experts are requested to strictly apply these guidelines. This means that product labels not complying with this revised legislation will not be validated any longer.
- From July 2nd, 2019, BIORIUS will not be liable for any legal consequences that may result from a default of compliance with regards to these new guidelines. Indeed, the new rules have been explained in details through the previous Information Letters and via daily communications with account managers and regulatory experts. It can be reasonably expected that cosmetic brands are now well aware of the current practices.
Cosmetic brands should feel free to consult BIORIUS in case some claims still raise questions. Alternatively, and if required, BIORIUS may re-evaluate the most sensitive claims of your entire product portfolio and come back to you with practical recommendations.
We hope that this letter will provide you with helpful information and invite you to contact your account manager in case of questions.
Dr. Fred Lebreux