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| COSMETICS 1 |
COSMETICS
PRODUCERS ARE NOW
OBLIGED TO REPLY
By Carmel Attard - Forum Malta fl-Ewropa
Towards the end of August, the European Commission
published guidelines on what has become compulsory
information that is to be made available by
manufacturers or distributors of cosmetic products if
and when they are requested to do so by consumers.
These guidelines show that consumers in EU
Member States have the choice of either writing to the
company at the address mentioned on the package of
the cosmetic product, or to phone them or to post a
question on the manufacturer’s website. The cosmetics
industry has created a central public directory of those
companies that have their cosmetic products on the EU
market.
Consumers have the right to obtain information on
undesirable effects that may have been reported to the
cosmetics industry regarding their products. Producers
are also obliged to inform consumers on quantitative
and qualitative composition of cosmetic products.
Member States, on their part, have to ensure that
companies fulfil these obligations.
The guidelines published by the Commission were
drawn up in close cooperation with the EU Member
States and stakeholders. These guidelines require
manufacturers of cosmetic products or the person
responsible for marketing an imported cosmetic
product to provide, on request, appropriate information
on the frequency and nature of undesirable effects
linked to the product, as well as all undesirable effects
reported to the companies. Companies would be able to
compute a value for the number of undesirable effects
per 100,000,000 units of the product placed on the
market.
The Commission defines an “undesirable effect” of
a cosmetic product, as an adverse effect on human
health, such as irritant and allergic effects, cosmetic
acne, phototoxic effects, photosensitivity, anaphylactic
shock and itching, which occur from the normal or
reasonably foreseeable use of the product. Undesirable
effects do not include, for instance, effects resulting
from abuse or misuse of the product or those related to
associated items, such as packaging.
Cosmetics producers are obliged to provide what is
termed as quantitative information on those substances,
such as explosive, oxidising, easily flammable, toxic,
harmful, corrosive or irritant substances, classified
as dangerous under the terms of a 1967 Community
Directive (Directive 67/548/EEC).
The central public directory listing companies marketing cosmetic products on the
EU market was set up by the European Cosmetic Toiletry and Perfumery Association
(COLIPA). The directory allows consumers seeking information to obtain the contact
details of the producer they wish to question by mail, telephone or internet.
For a consumer to find contact details for the cosmetic company, he or she must
search the directory by the company name which usually is found on the packaging
or labelling of the product. The Directory provides contact points in each Member
State. In some cases, a customer may access the company websites or emails
directly. EU consumers may correspond with the company using any official language
of the European Union, providing full details of the product such as brand name,
product type, batch code, country of purchase. Consumers should receive a reply
within three weeks. However, in some cases, a company might ask for further details
about the product in order to identify correctly and provide the right answer and
information.
EU Commissioner for Industry, Guenter Verheugen said this initiative “will make
life easier for consumers and industry”, adding: “Consumers can have access
to full information on composition and on undesirable effects of cosmetics. This
transparency helps them to make their choice in the large range of products present
in the internal market.”
A spokesperson for Verheugen said that what was new in this initiative was not the
right of consumers to write to ask for information from cosmetics industry, but the
requirement on the producers to respond.
The European Directory of Cosmetic Companies is available at http://www.
european-cosmetics.info
The guidelines can be accessed from http://ec.europa.eu/enterprise/cosmetics/
html/cosm_guidance_docs.htm
More information is also available from Forum Malta fl-Ewropa on 2590 9101 or
email info.forum@gov.mt .
4 L&S | SEPTEMBER ’06