Canadian Cosmetic Regulations to Receive a Makeover

The Cosmetic Regulations, which exist under the Food and Drugs Act, came into force in 2006 and have not experienced a significant amendment since. The current regulations allow industry to label the cosmetic either by individually identifying the fragrance ingredient or using the term “parfum” at the end of the list of ingredients. For consumers with allergies or sensitivities, manufacturers aren’t required to provide much information to help guide them when trying to avoid products that may contain ingredients that could cause some form or reaction. Since the Cosmetic Regulations came into force, allergens and sensitivities are a much greater part of the daily lives of Canadians. While we often think about food allergens, there is now much greater awareness relating to cosmetic allergens.

Health Canada proposes to address the issue by updating the Cosmetic Regulations to disclose certain fragrance allergens on cosmetic labels. Under the proposed regulations, manufacturers will have the option to disclose ingredients on a website for cosmetics sold in small packaging. Health Canada acknowledges that this change will increase costs for industry but is seeking to balance those costs with increased informational transparency for those with sensitivities and allergies.

This is an initial consultation, so there’s some work to be done by stakeholders to help guide Health Canada. The proposed changes will impact the Food and Drugs Act in addition to the Cannabis Regulations under the Cannabis Act and the regulations are expected to come into force between six months and two years after consultation and regulatory publication.

Health Canada ask that interested stakeholders provide comments through the new online commenting feature in Canada Gazette, Part I by April 22, 2023. To provide your feedback on the proposed Regulations, use the commenting boxes provided on the webpage.  Once you are satisfied with your comment, you can submit it directly to the Government of Canada through the Canada Gazette webpage.

For more information on compliance with the Food and Drugs Act and related regulations, please feel free to reach out to us at info@gsjameson.com.