In this article about Canadian Cosmetic Regulations you will learn how to reach cosmetic compliance in Canada. In Canada, several regulations govern cosmetics, including the Cosmetics Regulation, the Food and Drug Act, and the Fair Packaging and Labelling Act & Regulation. That’s four different regulations!
Canada defines cosmetics differently to other countries, so there are additional regulations for products that don’t fit the typical cosmetic definition. These special products, which would normally be classified as cosmetics in other regions, have their own set of regulations. While this article mentions these regulations, it does not explore them in depth.
Canada also has its own quirks such as the requirement to translate all labelling into French as well as English, as both languages are their officially recognised languages.
Canada also requires certain labelling features to be placed on specific sections of the packaging, which is not required in the EU or UK. To learn about all the quirks, keep on reading.
Difference between Act and regulation
An act is a piece of legislation which sets out what laws need to be in place to meet criteria set out by authorities for the purposes of, in the case; cosmetic consumer safety. An act is over-arching and is slightly more vague than a regulation. A regulation lays down the specificities of what is required for products to comply with the regulations. This is not an ‘aim’ but a ‘to-do list’ of sorts which makes complying to the act practical. The parliament creates acts and through them authorises regulations, so an act is a prerequisite to a regulation.
What does this have to do with Canadian cosmetic regulations? You’ll soon find out that there is always an over-arching act for every regulation in Canada, which is also the case for cosmetics. Cosmetics comply with the Cosmetic Regulations under the Food and Drug Act, and other products which are not classified as cosmetics follow a similar layout.
Canadian Cosmetic Regulation
The Canadian Cosmetic Regulation is known as Cosmetic Regulations C.R.C., c. 869 which explains the details of selling cosmetics into Canada. But cosmetics are also largely regulated by the Food and Drug Act R.S.C., 1985, c. F-27 which is the overarching legislation for cosmetics, food goods and drugs. Both of these pieces of legislation are applicable to cosmetics and are enforced by Health Canada. A separate labelling regulation and act are also applicable to cosmetics called the Consumer Packaging and Labelling Regulations C.R.C., c. 417. & Consumer Packaging and Labelling Act R.S.C., 1985, c. C-38 which all cosmetics must comply with in terms of labelling requirements.
In this article, we will cover the most important legislation relating to cosmetics:
- Cosmetic Regulations C.R.C., c. 869
- Food and Drug Act R.S.C., 1985, c. F-27
- Consumer Packaging and Labelling Regulations C.R.C., c. 417
The scope of these regulations is to provide a high level of consumer protection on the Canadian market. This includes everything from correct labelling, ensuring product safety and the requirements to sell into the country.
These regulations are applicable to all cosmetic products. Canada defines a cosmetic product as: “any substance used to clean, improve or change the complexion, skin, hair, nails or teeth, and includes deodorants and perfumes”. This mirrors the EU’s definition of a cosmetic, but Canada considers certain products classified as cosmetics in the EU to be over-the-counter drugs or natural health products in Canada.
non-cosmetic regulations
The Food and Drugs Act is also applicable to products classified as over-the-counter (OTC) drugs. However, the Food and Drugs Regulations C.R.C., c. 870 is only applicable to OTC products, therefore it is not applicable to cosmetic products (as cosmetic products are not drugs). The Health Canada’s Natural and Non-Prescription Health Products Directorate (NNHPD), a part of Health Canada, regulates OTC products. This category of product includes products such as anti-dandruff shampoos.
Once again, the Food and Drugs Act is applicable to natural health products (NHP), but it has its own specific regulation called the Natural Health Products Regulation SOR/2003/196, not applicable to cosmetic products.
Food and Drugs Act R.S.C., 1985, c. F-27
Provision 16) Prohibited Sales of Cosmetics
The sales of cosmetics are monitored in Canada. These general requirements ensure that consumers are protected from cosmetic products which could have negative effects on consumers.
Products with the below characteristics are prohibited from sale in Canada:
- A cosmetic containing substances which may have negative effects on human health.
- A cosmetic containing any filthy, decomposed or foreign substances/matter.
- A cosmetic which was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.
- A cosmetic which uses animal testing data to substantiate the safety of the product.
This is a more general list to that of the Cometic Regulation above, because as previously mentioned, the act sets out criteria through which regulations act through.
Provision 16.2) Prohibited Animal Testing
No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental if the purpose of the study is to determine the product’s safety to meet the product safety standards of the Canadian cosmetic regulations or any other foreign regulations.
Prohibition against animal testing is standard across the globe today, including the European Union, United Kingdom, United States of America and Australia.
Provision 16.3) Prohibited Claims - Animal Testing
A company/brand cannot claim ‘not testing on animals’ or any claim to that effect unless they hold substantial evidence that no animal testing was conducted after the date the Food and Drugs Act R.S.C., 1985, c. F-27 came into force.
In general, claiming ‘not testing on animals’ isn’t a common claim as it has potential to be denigrate (make other products look bad) on the market. This is taken from the golden standard for cosmetic claims, the Regulation (EU) No 655/2013 laying down common criteria for the justification of claims used in relation to cosmetic products.
Cosmetic Regulations C.R.C., c. 869
Provision 12) Sales
In Canada, certain cosmetics are prohibited from sale, this is to ensure that cosmetics being sold on the market are indeed cosmetics, do not mislead consumers and ensure consumer safety through prohibiting specific ingredients.
This provision specifies products prohibited from sale in the Canadian market, such as:
- Cosmetics compounded with a prescription.
- Stain-removal preparations for the teeth with a pH greater than four.
- Eye-area preparations containing coal tar dye.
- Cosmetics containing chloroform as an ingredient.
- Cosmetics containing an estrogenic (osteogenic) substance.
- Cosmetics containing mercury or mercury derivatives unless used in the eye area or as a preservative (subject to documentation and safety requirements).
- Potentially hazardous preparations unless packaged in a child-resistant container.
- Cosmetics not labelled correctly.
Provision 17) Labelling
Cosmetics must be labelled in English and French, except for the ingredients list which should follow the international nomenclature of cosmetic ingredients (INCI). The labelling of cosmetics must be clearly legible throughout the useful life of the cosmetic.
The labelling requirements are:
- Name and of the manufacturer/distributor and the address of their principal place of business.
- Product Identity in terms of common/generic names or in terms of its function, unless the identity is clear from presentation.
If the packaging is too small to fit the ingredients list, including ornamental containers, you can place the ingredients list on a tag, tape, or card affixed to the container.
Claims: no company or brand may claim that any of the product’s ingredients can influence the chemistry of the skin, hair, or teeth. Additionally, no company or brand may claim that the cosmetic will not cause injury to consumer health. However, these claims are exempt if they can be sufficiently substantiated.
The country of origin declaration must also be present, but this falls under a separate regulation: Determination of Country of Origin for the Purpose of Marking Goods (CUSMA Countries) Regulations SOR/94-23.
Sub-provision 21.1) List of ingredients
It is mandatory for all cosmetic products to contain a list of ingredients as part of their labelling. Products with a box/secondary packaging/outer packaging may choose to place their ingredients list on the box/secondary packaging/outer packaging alone, and not on the container/primary/inner packaging. If the product is stand-alone and does not have any outer packaging, the ingredients list must be placed on the container/primary/inner packaging.
State ingredient lists as follows:
- List each ingredient by its International Nomenclature of Cosmetic Ingredients (INCI) name only once.
- For makeup and nail varnish/polish sold in a range of colors, use the symbol “+/-” or the phrase “may contain/peut contenir” to indicate the pigments used in the range.
- List botanicals by their genus and species portions of the INCI name, at a minimum.
- List an ingredient without an INCI name by its chemical name.
- List ingredients above one percent (1%) in descending order of predominance by weight.
- List ingredients present at a concentration of one percent (1%) or less, and all coloring agents regardless of concentration, in random order after the ingredients present at more than one percent (1%).
- If a cosmetic contains fragrance or flavor, add the words ‘parfum’ and ‘aroma,’ respectively, to the end of the ingredients list.
Provision 29) Evidence of Safety of Cosmetics
Canada requires companies/brands to provide evidence of product safety if the Minister (competent authority) requests it. There are no set standards for what the evidence of product safety should contain, but if the Minister deems the evidence insufficient, the company/brand must cease to sell the product in Canada.
Sales of the product may only resume if further evidence of product safety has been provided and the Minister deems the further evidence as sufficient in writing.
A similar requirement is set out in the EU Cosmetic Regulation 1223/2009. A cosmetic product safety assessment (CPSR) for the EU fulfills the needs of both regulations. To read more about CPSRs and the EU cosmetic regulation, click here.
Provision 30) Notification
Every product sold in Canada is required to be notified through the Health Canada website via the Cosmetic Notification Form.
The following information is required to notify a cosmetic product in Canada:
-
- Name and address of manufacturer that appears on the label.
- Name of the cosmetic.
- Function of the cosmetic.
- List of ingredients with their concentrations given as exact concentrations or concentration ranges.
- Form of the cosmetic.
- Name and address of Canadian manufacturer/importer/distributor.
- Name and title of the responsible person who signed the form.
Each cosmetic product must be notified individually with 10 working days of the product being made available on the market. The person placing the product on the market must ensure their name and address is on both the notification and label of each product.
Consumer Packaging and Labelling Regulations C.R.C., c. 417
Provision 6) Bilingual Requirements and Exemptions
All the information on the labelling of a cosmetic must be present in both official languages of Canada (English and French). This includes the product identity, nominal content (weight declaration), claims, marketing copy, instructions for use, precautions and any other text on pack. This also applies to common ingredient names used in the ingredients list. For example, translate ‘water’ to ‘eau’. The only exception to this is the representative’s address on pack.
Application of Label to Prepackaged Product
If you mount a product to a card visible alongside it, consider the card an extension of the packaging and place labelling information on it.
Attach a ticket or tag to products with containers too small to hold the labelling information.
Part of Label on which Information to be Shown
Information on the principal display panel/surface:
- The net quantity of the prepackaged product.
- The identity of the prepackaged product in terms of its common or generic name or in terms of its function
Display the identity and principal place of business of the person or company who manufactured a prepackaged product on any surface except the bottom of the container.
Size of Type in Which Information to be shown
Show the numerical quantity in the declaration of net quantity in boldface type with letters of at least the following height:
- 1/16 inch (1.6 millimetres), where the principal display surface of the container is not more than five square inches (32 square centimetres)
- 1/8 inch (3.2 millimetres), where the principal dis- play surface of the container is more than five square inches (32 square centimetres). But not more than 40 square inches (258 square centimetres)
- 1/4 inch (6.4 millimetres), where the principal dis- play surface of the container is more than 40 square inches (258 square centimetres). But not more than 100 square inches (645 square centimetres)
- 3/8 inch (9.5 millimetres), where the principal dis- play surface of the container is more than 100 square inches (645 square centimetres). But not more than 400 square inches (25.8 square decimetres)
- 1/2 inch (12.7 millimetres), where the principal display surface of the container is more than 400 square inches (25.8 square decimetres)
Manner of Declaring Net Quantity
A prepackaged product shall show the quantity of the product:
- By volume, when the product is a liquid or gas or is viscous
- By weight, when the product is solid
Unless it is the established trade practice to show the net quantity of the product in some other manner, in which case the declaration shall be in accordance with the established trade practice.
The label of a prepackaged product dispensed in aerosol form must show the net quantity of the product by weight.
