By: Deeksha Chahal, REGULATORY AFFAIRS SPECIALIST, email
In Canada, the cosmetic industry is governed by a set of regulations designed to ensure the safety and well-being of consumers. These regulations not only apply to the production and sale of cosmetics but also to the discontinuation of cosmetic products. Whether you’re a consumer, retailer, or manufacturer, understanding the implications of discontinuing a cosmetic product as per Canadian regulations is crucial.
Understanding Cosmetic Regulations in Canada
Cosmetic products in Canada are regulated under the Food and Drugs Act and the Cosmetic Regulations. Health Canada is the regulatory body responsible for ensuring all cosmetics sold in Canada are safe for use, properly labelled, and free from misleading claims. Any product that is intended for use in cleansing, improving, or altering the complexion, skin, hair, or teeth falls under the category of cosmetics. Some of the examples include soap, cleansers, moisturizers, foundations, nail polish etc. All cosmetic products require a Cosmetic Notification prior to their sale in Canada. Manufacturers and importers can use the online cosmetic notification form to inform Health Canada about the products they intend to sell in Canada.
Under the Cosmetic Regulations, it is equally important for manufacturers and/or importers to inform Health Canada when they stop selling a cosmetic product in the Canadian market. This ensures that Health Canada’s database of cosmetic products remains accurate and up-to-date, ensuring safety and compliance of cosmetics. If a cosmetic product is no longer being sold, manufacturers are expected to notify Health Canada of its discontinuation. This promotes consumer safety by ensuring that only authorized products that meet Canadian regulatory standards are available on the market.
Reasons for Discontinuing a Cosmetic Product
There are several reasons why a cosmetic product might be discontinued in Canada. These can include:
- Ingredient Bans or Prohibitions: If a product contains banned or prohibited cosmetic ingredients, it may need to be reformulated or discontinued. For instance, some products might contain prohibited ingredients, such as those that appear on the Canadian Cosmetic Ingredient Hotlist or the European Restricted Substances List. If a reformulation of the product is not possible, companies might need to discontinue their products. In such a case, a notification alerting Health Canada of the discontinuation must be submitted.
- Market Demand: Sometimes, a product is discontinued simply due to a lack of consumer demand or changes in market trends. To ensure that Health Canada has the most up to date information on what products are sold by your company, a discontinuation notification must be submitted.
- Regulatory Non-Compliance: If a product fails to meet the regulatory requirements set by Health Canada, it may be permanently removed from the market. Learn more about the applicable regulations in our blog posts including disclosure of fragrance allergens, Canadian cosmetic regulations, and cosmetic labelling regulations.
Steps for Discontinuing a Cosmetic Product
If a company decides to discontinue a cosmetic product, there are specific steps they must follow to remain compliant with Canadian regulations:
- Notification to Health Canada: If the product was previously notified to Health Canada through the Cosmetic Notification Form (CNF), the manufacturer or importer should notify Health Canada about the discontinuation. The discontinuation notification must be submitted to Health Canada within 10 days of the change. This helps maintain accurate records and ensures that the product is not flagged for regulatory follow-up.
- Ceasing Production and Sale: The manufacturer must stop producing and selling the discontinued product. Retailers should be informed to ensure that the product is no longer available on store shelves.
- Handling Existing Stock: If there is existing stock of the discontinued product, the company must decide whether to sell off the remaining inventory (if it is still safe and compliant) or to destroy it. Disposal must be done in accordance with environmental regulations to avoid harm to the environment.
- Consumer Communication: It is often good practice to communicate with consumers about the discontinuation, especially if the product has a loyal customer base. This can be done through direct communication, such as email or social media announcements, explaining why the product is being discontinued and suggesting alternatives if available.
Conclusion
Discontinuing a cosmetic product in Canada is a process governed by strict regulations to ensure consumer safety and regulatory compliance. Whether due to safety concerns, regulatory changes, or market dynamics, companies must follow the proper procedures to ensure a smooth discontinuation process. For consumers, staying informed and cautious is key to navigating these changes in the cosmetic landscape.
By understanding the regulations and reasons behind the discontinuation of cosmetic products, both manufacturers and consumers can better navigate the complexities of the cosmetic industry in Canada.
Contact Us
Dell Tech Laboratories boasts a team of experts with extensive experience in cosmetic product regulation. We streamline your notification submissions to Health Canada, providing thorough regulatory support to ensure your products comply with all relevant regulations. Contact our team today for expert guidance and peace of mind.
Discover more about our cosmetic regulatory services by visiting our dedicated services page.
Dell Tech has provided professional, confidential consulting services to the specialty chemical
industry in Canada, the USA, Europe, and Asia for the last 40 years.
