Health Canada: Changes to the Cosmetic Regulations

The Regulations Amending Certain Regulations Concerning the Disclosure of Cosmetic Ingredients (SOR/2024-63) (the “Amended Cosmetic Regulations), published on April 24, 2024, took effect on October 9^th (with the exception of fragrance allergen disclosure provisions, which will come into effect on April 12, 2026). While primarily affecting cosmetic manufacturers, these amendments to the Regulations also require retailers to ensure compliance for the products they sell. All stakeholders in the cosmetic industry should review the Amended Cosmetic Regulations, as they include minor adjustments to regulatory requirements that could impact a wide range of personal care products.

Objectives of the Cosmetic Regulations

The primary aim of the Amended Cosmetic Regulations is to improve chemical transparency in order to reduce health risks. Additional objectives include improving regulatory oversight of cosmetics, implementing administrative updates, enhancing consumer safety, and empowering individuals to make informed choices about cosmetic products.

Key Changes

The key changes of the Amended Cosmetic Regulations include, but are not limited to:

• Definitions: The replacement and clarification of multiple definitions, including the introduction of new terms like "importer," "leave-on product," and "rinse-off product," and repealing of outdated definitions in order to enhance clarity and compliance in cosmetic labeling and regulation.
• Labelling and Fragrance Allergen Disclosure: Enhanced labeling requirements for consumer communication and mandatory disclosure of allergens in specified concentrations.
• Ministerial Safety and Documentation Guidelines: Provision of authority to the Minister to request safety evidence from manufacturers and revised documentation submission requirements within 10 days of sale, as well as other obligations of manufacturers or importers and powers of the Minister.
• Concentration Range Table: Establishment of the concentration range table for ingredient disclosure.
• Flexibility for Small Packages: The option to list ingredients online with a bilingual label, directing consumers to this information.
• Modernized Contact Information: Labels must now include a phone number, email, or website for consumer inquiries.
• Administrative Updates: Updated definitions and streamlined ingredient disclosure terms for clarity.
• Compliance Tools: Health Canada now has the authority to stop sales of non-compliant products, following

Further Information on Cosmetic Labelling and Notification

Additional information regarding cosmetic labelling can be found in the Industry Guide for the Labelling of Cosmetics which is designed to assist in the preparation of labels that comply with Canadian regulatory requirements for cosmetics.

DISCLAIMER: This publication is intended to convey general information about legal issues and developments as of the indicated date. It does not constitute legal advice and must not be treated or relied on as such.