internet Els Vrindts Inspection Service Consumption Products - PowerPoint PPT Presentation

FPS HEALTH, FOOD CHAIN S AFETY AND ENVIRONMENT 1 Distributing cosmetics through the internet Els Vrindts Inspection Service Consumption Products Federal Public Service for Health, Food Chain Safety and Environment Belgium

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Distributing cosmetics via internet 2 Main principles for cosmetics on the EU market What rules apply to cosmetics distributed via Internet ? When is a cosmetic placed on the EU market? Market surveillance and internet sales

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Important principles in the cosmetics regulation 3 Regulation n° (EC) 1223/2009 High level of health S mooth functioning of protection the market

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Important principles in the cosmetics regulation 4 Protection of consumer health • S afe for human health (article 3) • Composition (art 14, 15, 16) • S afe use, instructions of use (art 10,11, guides …) • demonstrated in the PIF • Responsible person guaranties compliance (art 4, 5)

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Cosmetics regulation and internet distribution 5 S mooth functioning of the EU market Commission notice 2017/ C 250/ 01 (published 1/ 8/ 2017) • 1 set of rules for cosmetics in EU • Avoid unfair competition The cosmetics regulation applies when cosmetics are made available to EU consumers or end users in the course of a commercial activity.

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Cosmetics regulation and internet distribution 6 S mooth functioning of the EU market Internet sale to EU consumers = making available on the EU market • EU based operators/ websites selling to EU consumers > cosmetics regulation applies • Third country based operators / websites selling to EU consumers > cosmetics regulation applies

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Cosmetics regulation and internet distribution 7 • Making available on the market includes free of charge products • When is a website targeting EU consumers/ end users? Currency (euro), dispatching to member states, language, domain names, international activity, … Market authorities can intervene before the product reaches the consumer/ end user.

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Distributing a cosmetic in the EU 8 When 3 rd country based websites sell to EU user/ consumer, they must appoint a responsible person in the EU for the cosmetic products • A responsible person (RP) in EU (art 4, 5, 10) RP is accountable for the product (cfr. manufacturer). Address must be in EU (Not : S witzerland, Turkey). Name and address of RP are on the product label. PIF is kept at the address of the RP. The importer is RP, unless there are writt en agreements to transfer the responsibility to another firm/ person.

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Distribution via internet 9 The laws on commerce and e-commerce apply. Finding the right services to start an economic activity in EU: http:/ / ec.europa.eu/ internal_market/ eu-go/ index_en.htm The enterprise must be registered (identification) Commercial activities >> TAV

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT e-commerce & market surveillance 10 E-commerce is part of the normal surveillance activities, either in routine or targeted campaigns. Internet = source of information on products & firms. Internet search (special software) to find specific products or substances. Mostly websites of (EU) distributors, retail.

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Focal points in market surveillance 11 For a cosmetic placed on the EU market  Responsible person in EU holds the PIF  Labelling and language requirements  Composition  Notification in CPNP before the product is made available on the EU market

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Distribution & market surveillance 12 For a product already placed on the EU market A distributor must (article 6) - Check labelling & language before selling the product - Check expiry dates - Respect conditions of storage & transport - Take action when products are known to be non-compliant - Report health problems after product use to authorities and RP/ supplier

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Marketing & market surveillance 13 Regulation n ° (EC) 655/ 2013 on claims applies No false claims, no denigration of permitted substances, proof of claims in the PIF Pay attention to claims on cosmetic products on the label AND on a web shop or informative sites (marketing)

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example : “Natural” products 14 A lot of claims are made on ‘natural’ products, on the label and on websites. “no parabens” “organic” “ecological” “healthy”

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example : “Natural” products 15 Inspection of PIF to verify proof of claims. If claim is not proven, product presentation must be adapted, both on label and other media.

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example - Internet sale of hair smoothing products 16 • Economic complaint • Webshop, facebook, and advertisements on different internet sites from the same seller

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example - Internet sale of hair smoothing products 17 • Collaboration with customs confirmed the identity of the importer/ seller; • No PIF, forbidden substance formaldehyde; • S ale stopped, products destroyed

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example: nail salon and webshop 18 Own brand of nail products in a nail salon Labelling issues are often visible on websites

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT Example: nail salon and webshop 19 On-site inspection of products Inspection of PIF

FPS HEALTH, FOOD CHAIN S AFETY and ENVIRONMENT links http:/ / ec.europa.eu/ consumers/ sectors/ cosmetics/ index_en.htm