Updated: Sep 20
We are seeing a lot of legal initiatives, mainly on the environmental landscape, that are disturbing the market free circulation principle and which means that today following the EU or UK Cosmetics Regulation is not sufficient to ensure market access.
Today we will be focusing on the French AGEC law, for Anti-Waste and Circular Economy, which was published in the Official Journal of the French Republic in February 2020. Since then, some articles impacting the cosmetics sector have come into force and should be brought to your attention if you export products to the French market.
Since January 1st 2022 a new info-sorting system is mandatory: The obligation to label a new unique sorting logo (Triman logo) and details on the waste sorting methods on packaging entered into force in January 2022.
Any breach of this obligation is punishable by an administrative fine of up to €3,000 for an individual and and €15,000 for a legal entity (Art. L. 541- 9-4 of the French Environment Code). This is why French distributors are refusing to take on any product that will not be properly labelled.
At Bloom, we are able to provide you with the right sorting logo and labelling information to add to your packaging. We offer similar services to comply with Italian legislation.
Since May 1st 2022, prohibition of some environmental claims such as "biodegradable", "environmental friendly" or other similar claims (addressed in the CNC (Conseil National de la Consommation) guide on environmental claims) has been in place.
As part of our claims review process, Bloom will always make sure that your products are not labelled with prohibited claims and that the consumer is not misled.
DISCLOSURE OF ENVIRONMENTAL CHARACTERISTIC OF THE PRODUCT
In order to improve consumer information, producers and importers of waste-generating products shall inform consumers, by marking, labelling, displaying or any other appropriate process, of their environmental qualities and characteristics. This consumer information, which will be provided in a dematerialised manner entitled “Product sheet on environmental qualities and characteristics” (EQC sheet), must be available free of charge online and be easy to find either through an application or a search engine.
Some information is particularly relevant to cosmetics:
The incorporation of recycled material in packaging
The recyclability of packaging
The possibility of reusing packaging
The presence of hazardous substances (in the packaging and in the formula) when it represents >0.1% by mass.
The concentration in the product and in the packaging is taken separately.
The compostability (for certain packaging only)...etc.
Bloom can compile the information required as part of our Loi AGEC Package service. We will produce a dossier that can be provided to you and to your French Distributors upon request.
PROHIBITION OF THE USE OF MINERAL OILS IN PACKAGING AND IN PRINTING INTENDED FOR THE PUBLIC
The substances concerned were published in the Official Journal of the French Republic on 3 May 2022 as well as the maximum thresholds that will apply in 2024 and 2025. The requirement became effective on 1st January 2023.
At Bloom we can compile the information required as part of our Loi AGEC Package service. We will produce a dossier that can be provided to you and to your French Distributors upon request.
Do not hesitate to contact us (email@example.com) if you have any questions or would like us to assist in Loi AGEC compliance.