Canada – proposed requirement for fragrance allergen ingredient labelling

At the end of February, Canada notified to the World Trade Organisation (WHO) the proposal to amend the Cosmetics Regulations, which includes:

  • a requirement to disclose fragrance allergens on cosmetic labels, as part of the ingredient list. Allergens, that would have to be disclosed, would be the ones that are listed in Annex III of the EU Cosmetics Regulation 1223/2009 (as amended);
  • a possibility for small packages to disclose ingredient list on a website instead of on cosmetic labels, with a requirement to include a statement on the label explaining where the ingredient can be found;
  • updates and clarifications for certain definitions, such as ‘manufacturer’, ‘importer’, ‘rinse-off’ and ‘leave-on’. It is important to note that the definition of the manufacturer adds a clarification, that the regulatory body has to be located in Canada;
  • strengthening the cosmetic notification requirement;
  • a requirement to identify ingredients by their INCI names on the cosmetic notification, which would bring Canada in closer alignment with the EU;
  • a possibility to include an alternative contact method for the manufacturer’s information on the inner label, such as websites, telephone numbers and email address;
  • changes of administrative nature as well as enhancement of compliance and enforcement tools.

This proposal is open for comments until the end of April.

The requirement to include fragrance allergens on cosmetic labels would come into force two years after publication in the Canada Gazette, Part II. The rest of proposed amendments would come into force 180 days after publication.