Canada gov proposes tighter cosmetic label regulations for transparency amid toxic-exposure-related deaths

08 Nov 2022 --- The Canadian government has released a Notice of Intent, proposing amendments to the Canadian Environmental Protection Act, 1999 which would legally require cosmetic companies to label certain substances in cosmetic products. The government intends to bring transparency to chemicals that may pose negative environmental- and human-health impacts. 

This comes as a result of a report published by the Standing Committee on Environment and Sustainable Development in 2017 addressing the need to strengthen Canadians’ awareness of the hazardous chemicals consumers come into contact with in their daily lives.

According to the report, exposure to toxic substances leads to thousands of premature deaths in Canada each year and millions of preventable illnesses.

“For example, certain toxins in the air cause cardiovascular and respiratory illnesses and other toxins – such as asbestos and radon – cause cancers,” details the report.

“However, chemicals are useful to modern society and have become an integral part of everyday life. The key is to manage chemicals properly to prevent pollution and harm to the environment and human health. Canadians look to their government to do that.”

Companies are concerned about how the act will influence business and are taking place in national consultation rounds.The Act gives the Canadian government the power to create a wide range of safeguards against the risks posed by the substances specified in Schedule 1 of the Act. 

Future-proof formats
The Notice of Intent notes that digitization is taking over the industry, and therefore consumers and companies should expect the labeling format to cater to this move.

As a result, the governmental body declares that, in addition to conventional physical labels, it plans to explore the application of consumer-facing digital mechanisms for disclosing information about specific dangerous compounds in products.

It will also look into what information, such as the presence of a chemical, its concentration, or its quantity, should be required on a label.

This information will be published in a product labeling strategy in 2023, the Notice details – which will provide insights into the mandates on labeling formats and supply chain transparency.

Consulting for transparency
The Canadian government finds itself in the midst of national consultations on improved and mandatory labeling, with companies concerned about how the act will influence business.

These consultations aim to educate interested parties on how they can take action to enhance supply chain transparency through a series of workshops and interactive events, in addition to fostering collaboration and finding workable solutions.

Participants have emphasized the significance of using a scientific method to identify the extent of any labeling requirements, taking into account current labeling regimes and addressing data standards and interoperability.Exposure to toxic substances leads to thousands of premature deaths in Canada each year.

Alignment with other jurisdictions is crucial, according to the consultees.

Conditions and criteria
A list of criteria where the labeling of chemicals would be made mandatory includes when “labeling can help in achieving the risk management objective” or if “the substance is subject to a phase-down and will continue to be found in products for a period of time before being fully restricted or eliminated.”

Substances that require concentration limits for products, and a need to provide disposal guidance will also need to be labeled.

Additionally, criteria that would exclude substances from this mandate are “when a toxic substance is entirely prohibited in products under regulations under a federal law” and “when another federal Act is best placed to manage the risks identified for a toxic substance.”

Furthermore, where a chemical is considered toxic under the Act but does not pose environmental or human health problems, when included in a specific product or when the product is disposed of (such as carbon dioxide in soda), it is exempt from labeling.

Under Canada’s Chemicals Management Plan, the Canadian government says it has evaluated 34 compounds so far, 14 of which have been judged to be hazardous to the environment or human health and for which risk management strategies have been put in place or are being developed. An additional 14 are currently being assessed.

By Mieke Meintjes