Cyclical Enforcement Project 2015-16: Cosmetic Regulations

Fiscal Year 2015/2016

Summary

The Consumer Product Safety Program (CPSP) administers and enforces the Cosmetic Regulations under the Food and Drugs Act.

The purpose of this Cyclical Enforcement (CE) project was to verify industry's compliance of cosmetic products containing methylisothiazolinone (MI) and the combination of methylisothiazolinone/methylchloroisothiazolinone (MI/MCI) with current Cosmetic Ingredient Hotlist ("the Hotlist") restrictions through sampling and testing of cosmetic products. In addition, the project aimed to verify industry compliance with the requirements for notification and labelling and any other relevant requirements under the Food and Drugs Act and the Cosmetic Regulations.

For this project, compliance of select cosmetic products with current Hotlist restrictions for MI/MCI was determined through a sampling and testing process by which Health Canada inspectors visited establishments and sampled relevant products. Compliance to the Hotlist requirements was then verified through testing at the Product Safety Laboratory.

Prior to initiating this CE project, the CPSP carried out a market survey to identify cosmetic companies in Canada. Targets were then selected from that list of companies.

Over the course of the 2015/2016 fiscal year, testing of forty-two different products for MI and MI/MCI in combination and assessment for compliance with the labelling and notification requirements was carried out. The project resulted in one recall, one stop distribution and eight voluntary commitments to address non-compliance. There were thirty-two instances where no corrective action was required.

Results

Readers should consult the individual recall notices, if applicable, for details of the products subject to this enforcement action.

The explanation of "Determination" for this CE project is as follows:

  • "Notification" means at the time of inspection, Health Canada had not received a notification from the manufacturer/importer that the product was being sold in Canada. As per the Cosmetic Regulations, notifications must be submitted within 10 days of first sale of the product in Canada.
  • "Labelling" means that the labelling was missing, incorrect, incomplete or required modification to be compliant.
  • "Hotlist" means that the product contained a Hotlist ingredient which required follow-up such as confirmation of the concentration in the product, addition of warning statements, submission of information, or reformulation of the product.
  • "No Issues" means that no non-compliances related to notification and labelling and Hotlist issues were identified.
Compliance of select cosmetic products with current Hotlist restrictions for MI/MCI
Brand Product Name Source of Sample Determination Corrective Action
ESA Honey Conditioning Shampoo Custom Amenities Inc. Did not meet the notification and labelling requirements. Commitment by Custom Amenities Inc.
AMBR Spa Green Tea Conditioning Shampoo Custom Amenities Inc. Did not meet the notification and labelling requirements. Commitment by  Custom Amenities Inc.
Aromanice Luscious Blackberry Hand Soap London Drugs Ltd No compliance issues detected None
ForShine Damage Care Shampoo Jireh Trading No compliance issues detected None
X-2 Tea Tree Facial Cleanser Jireh Trading No compliance issues detected None
Rousan Deep Cleaner Jireh Trading No compliance issues detected None
Ryo-Chungamo Hair Shampoo K.Y. Trading No compliance issues detected None
Kerasys Restoring Shampoo K.Y. Trading No compliance issues detected None
Hyssop Brown Rice And Honey Body Cleanser K.Y. Trading No compliance issues detected None
LCN Hand Cream LCN International Ltd. No compliance issues detected None
LCN Nail Care- Cuticle Softener LCN International Ltd. No compliance issues detected None
RF Stim Face Emulsion Innocellulite Canada Inc. No compliance issues detected None
OGX Renewing Argan Oil Of Morocco Hair Conditioner Lawtons Drugs Did not meet the labelling requirements. Commitment by Vogue International, LLC
OGX Moisture Vitamin B5 Hair Conditioner Lawtons Drugs Did not meet the labelling requirements. Commitment by Vogue International, LLC
OGX Quenched Mineral Moisture Hair Conditioner Lawtons Drugs Did not meet the labelling requirements. Commitment by Vogue International, LLC
Delon Awapuhi Shampoo Laboratoires Delon No compliance issues detected None
Fruits & Passion Pamplemousse Goyave Body Soap Fruits & Passion No compliance issues detected None
Angel Thierry Mugler Perfuming Body Exfoliant Clarins Canada No compliance issues detected None
Fruits & Passion Gel Douche-Fraicheur Tonique Fruits & Passion No compliance issues detected None
Jimmy Choo Man All-Over Shower Gel Clarins Canada No compliance issues detected None
Better Living Grapefruit & Pomegranate  Hand Soap Laboratoires Delon No compliance issues detected None
L'Oréal L'Oréal Moisture Dry And Sensitive Day Cream L'Oréal Canada Exceeded the Hotlist concentration limit for MI. Voluntary recall by L'Oréal Canada
L'Oréal L'Oréal Paris / Deconstructing Cream Wax L'Oréal Canada No compliance issues detected None
Anew Men Men Gel Cleanser Avon Canada No compliance issues detected None
Avon Naturals Body Care Energizing Énergie Avon Canada No compliance issues detected None
Summer's Eve Delicate Cleansing Wash For Sensitive Skin Advantage Sales and Marketing Canada No compliance issues detected None
Aveda Pure Abundance Volumizing Shampoo ESTEE LAUDER COSMETICS LTD. No compliance issues detected None
Origins Checks And Balances Frothy Face Wash ESTEE LAUDER COSMETICS LTD. No compliance issues detected None
Nioxin System 6 Scalp And Hair Treatment Procter & Gamble, Inc. No compliance issues detected None
Estée Lauder Perfectly Clean Multi-Action Foam Cleanser ESTEE LAUDER COSMETICS LTD. No compliance issues detected None
Olay Total Effects Revitalizing Daily Foaming Cleanser Procter & Gamble, Inc. No compliance issues detected None
Old Spice High Endurance Body Wash Pure Sport Procter & Gamble, Inc. No compliance issues detected None
Sheraton Shine Shampoo Shine Shampoo Mandarin And Mint Hunter Amenities International Ltd. Did not meet the labelling requirements. Commitment by Hunter Amenities International Ltd.
Bliss Soapy Suds Lemon And Sage Body Wash Hunter Amenities International Ltd. Exceeded the Hotlist concentration limit for MI/MCI. Stop distribution by Hunter Amenities International Ltd.
h2o+ Bath Aquatics Body Balm Hunter Amenities International Ltd. No compliance issues detected None
Artego Easy Care Rain Dance Shampoo Oriac Trading Company No compliance issues detected None
Artego Easy Care Dream Mask Oriac Trading Company Did not meet the labelling requirements. Commitment by Oriac Trading Company
AMBR Spa Green Tea Shampoo Custom Amenities Inc. Did not meet the notification and labelling requirements. Commitment by Custom Amenities Inc.
Bernard Cassiere Paris Mineral Feet Care
Tera's Distribution No compliance issues detected None
Bernard Cassiere Paris Deep Pore Cleanser Tera's Distribution No compliance issues detected None
Arganmidas Moroccan Argan Oil Shampoo Sun Sara Cosmetics Canada Ltd. No compliance issues detected None
Arganmidas Moroccan Argan Oil  Conditioner Sun Sara Cosmetics Canada Ltd. No compliance issues detected None

Disclaimer: A systematic bias is applied during inspection and sampling. Products are not randomly selected but are chosen because they are deemed by the inspector to be more likely to not meet health and safety requirements due to characteristics that are observed.  Due to this biased nature of sampling and the fact that sample sizes within CE projects are very small, the findings of CE projects are not intended to reflect overall market compliance unless otherwise stated. Note that these summary reports relate only to the product(s) actually tested and the specific criteria indicated.  Testing by Health Canada does not represent approval or endorsement of the product(s).

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