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Distributing cosmetics in the Canadian market
In the second of a two-part series on how to stay compliant on your way into the global cosmetics market, TJAŠA GRUM looks at cosmetic regulations in Canada. osmetic products sold in Canada are regulated by Health Canada. They must comply with the requirements of the Food and Drugs Act, Cosmetic Regulations and C Canada has its own definition of a cosmetic product, which, together with cosmetic claims, whitening products are classified as drugs in Canada, unlike in the EU, where these kinds of products are cosmetics. Product composition and safety
Consumer Packaging and Labelling has to be considered All products sold in Canada
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Act. In addition, the Canadian Environmental Protection Act when assessing whether have to be safe for use, but the regulation does not set out exactly may apply to any chemicals a product is a cosmetic how the safety of the products found in cosmetics. Canada has its own definition product or not. should be proven. Products have to be manufactured, of a cosmetic product, which, prepared, preserved, packed and together with cosmetic claims, has This includes handmade stored under clean conditions. to be considered when assessing cosmetics sold at craft sales or Manufacturers are also whether a product is a cosmetic home-based businesses and encouraged to follow the Good product or not. The Food and products used by professionals, as Manufacturing Practices (GMPs),
Drugs act defines a cosmetic as: well as bulk institutional products e.g. ISO 22716 standard.
‘any substance or mixture of (e.g. hand soap in schools). Many Health Canada also has the substances, manufactured, products may look like cosmetics Cosmetic Ingredient Hotlist, sold or represented for use in at first, but when looking closer, which includes a list of prohibited cleansing, improving or altering the do not comply with the whole substances and a list of restricted complexion, skin, hair or teeth and definition of a cosmetic in Canada. substances for use in cosmetics. includes deodorants and perfumes’. For example, sunscreens and skin In order to ensure the safety of
the product formulation, it is important to check that your formulation is free from any banned substances, or in the case where it contains restricted ingredients, it must be in line with the conditions set out by Health Canada. The Cosmetic Ingredient Hotlist also includes any warnings that need to be displayed on the product, in case it contains certain ingredients that are restricted for use in cosmetics.
Labelling and claims
Before a product is placed on the Canadian market, it is important to make sure that the labelling of the product is compliant. Canadian regulation has rules on where certain information has to appear on the label. It is also important to note that some information listed on the label has to appear both in English and French.
Information that needs to appear on the principal display panel (PDP), as in the surface that is visible under customary conditions of sale includes:
Product identity (unless it
is obvious): the common or generic name of the cosmetic or a statement of a cosmetic’s function has to appear both in English and French.
Net quantity (in metric units).
It is important to add that there needs to be a space between the number and the metric symbol or word. If written in words, it has to appear both in English and French.
Health Canada also has the Cosmetic Ingredient Hotlist, which includes a list of prohibited substances and a list of restricted substances for use in cosmetics.
Other information that needs to appear on the label:
Name and address of the manufacturer/ Canadian dealer:
May appear in English, French or both.
Avoidable hazards and cautions:
If any avoidable hazards are associated with the use of a product, the label must include warnings on how to use the product to eliminate the risk (instructions for use, cautions, symbols etc.) Warnings have to appear both in English and French. Ingredient list: Ingredients with the concentration above 1% have to be listed in descending order of predominance. Ingredients with a concentration below 1% can be listed in any order after those with a concentration above 1%. Fragrances or flavours have to be listed using the words ‘parfum’ or ‘aroma’. Colouring agents should be listed as CI numbers of colour names (formerly FD&C names). Ingredients that are listed in the schedule of the Cosmetic Regulations (Appendix 1) can be listed by their EU trivial names or by the appropriate English and French equivalents, or all three terms may be used together.
As we mentioned before in previous articles, cosmetic claims are also an important factor to consider. Claims have to be accurate and not misleading. A product can easily be classified as a drug if claims exceed the cosmetic product definition – the use of so-called ‘therapeutic’ claims. Unlike the EU, Canada allows the use of ‘free from’ claims as well as ‘cruelty-free’ claims.
Product notification
The last step in the cosmetic product registration process is product notification. In Canada, cosmetics products have to be notified within 10 days after they are first sold in Canada. Notification of cosmetics can be done by manufacturers, importers or a notifier acting on behalf of the manufacturer or importer, through the filling of the Cosmetic Notification Form (CFN). Information that has to be provided on the CFN includes product identity, date of the first sale in Canada, product function and form, product ingredients and their concentration, the contact information of the manufacturer/ importer/ distributor and additional documents and pictures for certain products. Failure to notify the product may result in a product being denied into Canada, or removed from sale. PB
Tjaša Grum has a Bachelor’s degree in Cosmetic Science and a Master’s degree in Biochemistry from the University of Ljubljana, Slovenia. She is a Regulatory Consultant at CE.way Regulatory Consultants Ltd, which offers regulatory and testing services for cosmetic products.
