Natrue warns proposed ban on green claims could “greenhush” natural cosmetic innovations

06 Dec 2023 --- A coalition addresses concerns raised by proposed EU regulations that could restrict explicit environmental claims on personal care products containing hazardous substances. In a joint effort to preserve transparent communication about environmentally friendly products, Natrue, a nonprofit in the natural and organic cosmetics sector, joins forces with ten cross-sectoral associations, including Cosmetics Europe.

Aligning with the European Commission’s objectives, the industry statement emphasizes the importance of preventing vague, misleading or false sustainability claims on products. 

“While misleading claims should not be allowed, we question whether it really is the intention of the European Parliament to prohibit any green claim, including those that contribute to more sustainable consumption, through longer product lifetime, product effectiveness, or resource and energy efficiency,” illustrates the letter.

The signatories push for harmonized criteria at the EU level to ensure credible and proven green claims. Such claims are seen as vital in guiding consumers toward environmentally sustainable choices and supporting the transition to a circular economy.

Threat to innovation
The joint industry letter raises specific concerns about Amendments 455 and 456 or Amendment 23 in the ENVI (Environment, Public Health and Food Safety) and IMCO Committee (Internal Market and Consumer Protection) Draft Report, proposing a ban on environmental claims for products containing hazardous substances. They maintain that these amendments clash with the directive to enable sustainable purchasing decisions.

The joint letter flags that, if enacted, the ban could adversely affect diverse sectors, including cosmetics, detergents, textiles and electronics. The impact on the natural and organic cosmetics sector could lead to “greenhushing,” limiting the ability to make genuine sustainability claims without compromising product safety, says Natrue.

Natrue and cross-sectoral associations collaborate to oppose a potential green claims ban.“For all cosmetic and detergent products, the reference to ‘products containing’ will capture traces and contaminants, meaning that the mere presence of traces of impurities with certain hazard properties would already ban the use of any environmental claim, even if such traces are widespread in for instance water/raw material sources and unavoidably present in these products,” details the letter. 

Further, the proposed ban lacks concentration thresholds for listed substances, raising the advocates’ concerns about its wide-reaching consequences. 

The prohibition could extend to various consumer products, hindering the promotion of environmentally sustainable practices. The collective argues that a broad and restrictive approach could stifle innovation across sectors, as manufacturers may lack incentives to improve the sustainability profile of their products.

Policy coherence
The industry statement underscores the importance of considering existing EU chemical legislation, such as the Restriction of Hazardous Substances directive. 

Exemptions in these regulations, tailored to specific applications, acknowledge the manageable risks associated with certain substances. The collective urges policymakers to recognize that the mere presence of hazardous substances does not equate to adverse environmental impacts.

Expressing reservations about introducing the “essential use” concept, the industry coalition questions its inclusion without a clear definition. This ambiguity could lead to varying interpretations across member states, creating legal uncertainty, they write.

Instead, the joint effort recommends the “full” rejection of provisions that assume direct incompatibility between hazardous substances and environmental claims. The collective highlights the potential unintended consequences that conflict with the objectives of the EU Green Deal and may impede the sustainable transition of industries in Europe.

By Venya Patel