REGULATIONS & TESTING
All you need to know about
cruelty-free testing, microplastics and cannabis in cosmetics Regulations are implemented to ensure fair business practices and to protect consumers and the environment. In the South African cosmetics industry, business has been self-regulated for over 26 years premised on the EU regulations, EC 1223/2009. The past two years have seen some significant developments in terms of cosmetic ingredient safety information, product testing and the use of cannabis as an ingredient in cosmetics. Dershana Jackison, CTFA’s head of policy and regulatory affairs, unpacks these developments from a local perspective.
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everal common ingredients or groups of chemicals are under review by the European Chemicals Agency (ECHA) via REACH, including cyclic siloxanes D4/D5/D6. Cyclic volatile methyl siloxane (cVMS) includes the cyclosiloxanes octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5), and dodecamethylcyclohexasiloxane (D6) which have four, five and six siloxane groups, respectively. D5 and D6 function as emollients, hair and skin conditioning ingredients and solvents in cosmetics. They find application in rinse-off (hair conditioner) and leave-on products (skin care, personal deodorants and colour cosmetics). In the EU, the cosmetic Regulation (EC) No. 1223/2009 include restrictions for the use of D4 and D5 in rinse-off applications. This restriction entered into force on 30 January 2018 and applied to all products placed on the EU market from 31 January 2020. The new proposed restriction will apply to all leave-on applications and will extend the rinse-off restriction to D6 as well. How does this affect local products exported to the EU? The proposed transition period is five years from publication of the amending regulation to allow brand owners and manufacturers to reformulate their products and avoid the cost of writing off raw ingredient and packaging inventory. It is important to note that these cVMS may be present in cosmetic products as impurities of silicone polymers, which must be considered during the review of existing cosmetic formulations in order to comply.¹ Within the self-regulated framework, the Cosmetic Toiletry & Fragrance Association
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of South Africa (CTFA) will include the EU updates in its next annual update of the Cosmetic Compendium in 2022. This amendment will have an associated transition period to be confirmed at the time of the update.
MICROPLASTICS The WWF describes the problem of microplastics being everywhere – in our oceans, on land, in rivers, wetlands and soil, and in the air. The NGO also suggests that it will take a concerted effort from various stakeholders including governments, businesses, scientists and individuals to fix this pervasive problem.
"The industry can expect legislation which will prohibit the use of microplastics in the near future"
In a WWF Plastic File article posted online, the NGO states: “As with larger pieces of plastic, there is evidence of damage to marine animals from microplastics, particularly by filter feeders such as zooplankton that ingest them. This is of major concern because plankton is critical for marine food chains and help to remove carbon dioxide from Earth’s atmosphere. Research has found that at least 220 marine species have been known to ingest microplastics, most often because they are mistaken for food. While some animals can excrete the plastics, a number of them can’t. Once ingested, these small nonnutritious plastic bits fill up the stomachs of marine mammals and sea birds, which can cause death by starvation through damage or obstruction to the gut.”² According to ECHA, microplastics accumulate in animals, including fish and shellfish, and are consequently also consumed as food by humans. Microplastics have been found in marine, freshwater and terrestrial ecosystems as well as in food and drinking water. Their continued release contributes to permanent pollution of our ecosystems and food chains. Exposure to microplastics in laboratory studies has been linked to a range of negative (eco)toxic and physical effects on living organisms.³
A WORLD VIEW Many countries across the globe have implemented a ban on microplastics. These include Canada, France, New Zealand, Sweden, Taiwan, the United Kingdom, and the United States. Some