Are Your Products Compliant & Legal?

Are Your Products Compliant & Legal?

There are very strict laws governing all cosmetic products sold and, as it is a law, there are serious implications if products breach the rules. As a nail professional, it is your responsibility to ensure, as far as possible, that you only buy and use legal products. This is for your safety and the safety of your clients. Also, in the event of an insurance claim and your insurer found that the product used was illegal then the policy will be invalid. It’s all very well knowing that but how can you tell if a product is compliant and therefore legal? Here are some simple guidelines to help you:

1. The Label

There are a number of things that MUST be on the label of every product

  • The name and address of the ‘Responsible Person’ in the company selling the product
  • The country of origin. NB any product manufactured in any EU country has just needed ‘Made in the EU’. However, next year (2021) this will change. Only products made in the UK do not need the country of origin. Labels must state any country outside of the UK
  • The declared quantity of contents eg ml or gm
  • Date of minimum durability. This only applies to products with 30 months or less durability eg some oils and creams. This is in the shape of an hourglass. Most nail products have a long durability before opening
  • Period after opening. This is shown as an open jar with a number on it eg. 24. This shows it is usable for 24 months after opening
  • Warning statements. eg flammable. It may also have a statement such as ‘for professional use only’. NB from next year, 2021, all products containing HEMA and di-HEMA must have ‘for professional use only’ and ‘can cause an allergic reaction’. This is because products containing those ingredients will be banned from retail sales
  • Batch code. This is important if there should be a problem with the product. Every new batch made by the manufacturer must have a specific code so it can be traced. eg every colour of polish will have a different batch code and this will change when a new batch is made. this is often a telltale sign of non-compliance! eg everything will have the same code or there will be none at all
  • Declaration of ingredients. This is essential and must list every ingredient (unless the % is tiny) from the highest to the lowest. NB this is different from the SDS (see below). The ingredients must also use their correct INCI name (This is the International Nomenclature for Cosmetic Ingredients. This is so every country uses the same wording e.g., water is aqua.Safety Data Sheets (SDS)

2. The Safety Data Sheet

SDS have taken over from MSDS and become globally standardised in a 16-section format. It is not a legal requirement for cosmetic products to have an SDS. However, it is essential for those that have hazardous ingredients. Every nail professional should undertake a COSHH assessment and they are needed or this. They should also be available in case of a first aid emergency, fire, and info on storage.  SDS do not give a full list of ingredients but they do list the hazardous ingredients and the approximate percentage. NB be very wary of a supplier who does not have SDS available or even if they only have MSDS which are very outdated and often with random information.

 

3. Cosmetic Product Notification Portal (CPNP)

It is a legal requirement for ALL cosmetic products to be registered on the CPNP before putting them on the market! This is not information that is readily available except to the Competent Authority which in the UK is the Health & Safety Executive. The requirements for this registration are very specific and very strict. For example, there must be Product Information File that contains:

  • the product description
  • cosmetic product safety report
  • details of manufacture in accordance with Good Manufacturing Practice
  • proof of the effect claimed
  • data on animal testing (banned globally)

The product safety report must be carried out by a suitably qualified professional. This process is expensive for those selling and supplying products and, unfortunately, it is very clear that many don’t follow these rules! An individual cannot check if this has been done. However, there is no reason you cannot ask for a screenshot of products on the register as proof the supplier is legal! There are many, many more regulations but these mostly apply to the supplier or brand.

Again, for those that like reading the documents, here are some useful links: The ‘Brief Guide’ on this link is very useful

https://www.ctpa.org.uk/supplying-or-manufacturing-a-cosmetic-product

https://www.ctpa.org.uk/legislation

https://www.hse.gov.uk/reach/compauth.htm

https://ec.europa.eu/growth/tools-databases/cosing/index.cfm?fuseaction=search.simple  

 

 

Written by

Marian Newman, BEM
Chair,

 

Changes to Product Regulations for 2021

Changes to Product Regulations for 2021

We will be seeing a lot of changes in 2021 with regards to cosmetic products including nail products.

This has some connection to the UK leaving the European Union but also in response to the allergies in evidence especially in the retail sector.

From next year, HEMA and di-MEMA will be banned from all retail products. As these are ingredients in the vast majority of retail UV gel polishes kits, the sale of which has proliferated over lockdown, will not be available.  These will not be banned in professional products but labels must have the wording ‘for professional use only’ and ‘can cause an allergic reaction’. This suggests that the products are in safer hands with professionals! But are they?

The incidence of allergies is an ever growing problem in the professional sector. There is a project well underway at Government level to discover if there is any problem with the products themselves. But we are all aware that part of the nail industry refuse to believe in the importance of using matching systems (i.e a UV nail lamp that has been tested by the UV gel manufacturers) and do not understand the importance in a ‘proper cure’. So many believe that a ‘proper cure’ can be checked by observation and that many years of use “with no problems” is good enough. Both incorrect!

Several global UV gel experts called for the total banning of these ingredients (and a few others) but the EU Commission were fearful that this blanket ban would lead to more monomers being banned that do not have such hazardous qualities.

This step is good to stop the retail sales but really doesn’t go far enough. HEMA and di-HEMA are not so bad when used in a small percentage but, as it is one of the cheapest, the percentages used in many products are dangerously high. Put this together with lack of education and understanding brings us to the situation we have today. There are other monomers that are as bad if not worse than HEMA but these haven’t been considered.

For those that like to see the legislation in black and white here is the link:

NB as this was published pre-Brexit it will be transferred to the new UK Regulations in January 2021 when they will come into force.

Other changes we will see post Brexit will affect labels and possible costs as so much is imported from the EU.

Up until the UK regulations come into force (and with time for manufacturers and brands to update their products) any product manufactured in the UK or EU just needed the country of origin as the EU. From next year any product not manufactured in the UK will need the country of origin.

Most of the cosmetic regulations will remain the same and just transferred to the new UK Regulations including a new UK notification portal which is mandatory before any cosmetic product can be placed on the market.

Relevant documents regarding Brexit advice

The CTPA, linked here, is a great resource for information on many subjects affecting this sector. There is a lot available to non-members.

Marian Newman BEM

Join us on Facebook

Join us on Instagram

Sign up as a Supporter or Member

Welcome to The Federation of Nail Professionals

Welcome to The Federation of Nail Professionals

Welcome to The Federation of Nail Professionals!

Myself and fellow founding Board Members are thrilled to see you here as, hopefully,  very valued Supporters and Members.  Our mission is to do our very best to be the ‘voice of the nail industry’; YOUR voice.  This sector of the whole professional beauty industry has long been under represented and this was never more evident during the challenges we have had to face in 2020.  2021 is going to be a much better year for us all. Many initiatives and ‘conversations’ will be important features. Major issues like ‘regulation’ and licensing, product safety, higher levels of education and much more.  These will be happening anyway but The Feds will now be there at every turn to ensure our sector, that we are so passionate about, will have input. We intend to make sure any new initiatives are sensible and sustainable and accurately reflect what is needed for us as part of the wider beauty industry.

We want to hear your opinions, worries and concerns so communicate with us. We will gather your opinions on important issues from time to time via polls to help us encourage what is right for the sector.  Our aim is to elevate the industry and make sure it is recognised in the ‘highly skilled’ category. Accordingly, our membership criteria is strict and with robust quality controls.  We will applaud, recognise and embrace high levels of learning and skills. As a community we must come together with courage, kindness, clarity and creativity.

Join us as a Supporter (open to all and free) but especially as a Member whatever your role in the nail industry is. We cannot function without you!  Together, let us make the professional nail industry a brighter and safer for us and all our clients.

Thank you

Marian Newman BEM

Join us on Facebook
https://www.facebook.com/TheFNPUK

Join us on Instagram
https://www.instagram.com/the_fnp_/

Sign up as a Supporter or Member
https://the-fnp.com/