There are number of changes that are in effect as of October 09, 2024 for the Cosmetic Notification (CNF) form requirements

• Changes to the CNF came info force on October 09, 2024. The new CNF has been released by Health Canada. 
• Changes include having to identify whether the cosmetic is a leave-in or rinse-off product, use of different concentration ranges compared to those used previously, the need for label contact details to be listed, requiring a Canadian entity / Responsible Canadian Party / Canadian Agent to be listed, removal of the need to include distributor information.
• At this time, Health Canada has informed stakeholders that the requirement to list a Canadian entity / Responsible Canadian Party / Canadian Agent will not be mandatory on the CNF until early 2025 (exact date to be confirmed) as this has a significant impact to a lot of companies. The Canadian entity / Responsible Canadian Party / Canadian Agent will be the primary contact that Health Canada will reach out to, should they require any action in relation to a notified product.
  • There are ongoing discussions with Health Canada to clarify the responsibilities that this Canadian entity / Responsible Canadian Party / Canadian Agent is to have
  • It is believed that the Canadian entity / Responsible Canadian Party / Canadian Agent will function as a contact between the brand owner and Health Canada, however, at this time, the regulations detail a lot more responsibility
  • The Canadian entity / Responsible Canadian Party / Canadian Agent bears the same responsibility as a manufacturer
• The above requirement for a Canadian entity / Responsible Canadian Party / Canadian Agent will not apply to any CNFs that have already been filed and will only impact new or amendment CNFs filed as of Oct. 09, 2024.

Additional Changes to the Cosmetic Regulations

1. Ingredient Disclosure Flexibility

For cosmetics sold in small packages, there will be more flexible options for ingredient disclosure. Alternatives such as attaching a tag, tape or card or providing information via a website are now permitted to ensure consumers are informed.

2. Strengthened Cosmetic Notification Requirements

There is now a requirement to notify Health Canada when a cosmetic is discontinued. The regulations have also been amended to allow Health Canada to halt the sale of a product if the notification requirements are not met or if requested information is not provided.

3. Removal of Distributor Information

Distributor information will no longer be required on the cosmetic notification. Given that Health Canada can follow up with the manufacturer, importer or Canadian entity / Responsible Canadian Party / Canadian Agent, as needed, regarding distribution of the product for compliance and enforcement purposes.

4. Identification of Product Type

Cosmetics must now specify whether they are rinse-off or leave-on products in their notifications.

5. Fragrance Allergen Disclosure

A new mandate will require the disclosure of fragrance allergens on cosmetic labels if they exceed a certain limit. The transition period for the implementation of the changes is three years (July 31, 2026) for new products placed on the market, and five years (July 31, 2028) for existing products to sell through.

Consumers are more enticed to purchase a cosmetic or personal care product that displays the word ‘natural’ or ‘organic’, or a product that is known to contain ingredients from a sustainable source. This growing desire from consumers has led the cosmetic and personal care product industry to shift towards using ingredients from nature’s organisms as both active and inactive ingredients. However, just because an ingredient is naturally occurring, does not mean it is sustainable. For an ingredient to be sustainable, it must be obtained from a resource in a way that the ingredient will be available indefinitely. This led the cosmetic industry to begin using biotechnology, the use of a biological processes for industrial purposes and genetic manipulation of microorganisms.

Green biotechnology is a method of genetically modifying plants to be more prosperous while maintaining a minimal environmental impact. Green biotechnology has been increasing in the agriculture industry in the twenty-first century, but recently the cosmetic industry has begun using these methods to grow their natural ingredients. For example, Givaudan Active Beauty has partnered with BIO-FD&C to use green biotechnology to produce two new actives, k-phyto [SC] Camellia and k-phyto [PP] GHK. K-phyto [SC] Camellia is obtained from camellia phytoplacenta cells and is beneficial in scalp products as the active has been proven to aid in scalp moisture retention and reduces dry flakes and dandruff. K-phyto [PP] GHK combines botanicals and peptides and acts on sebum production mechanisms, making it perfect for products for oily skin. These actives are a prime example of making a more effective product while also appealing to consumers by using natural ingredients without disrupting the environment.

Blue biotechnology is a process of combining genetic engineering and cultivation techniques for mass production of marine organisms without impacting the ecosystem. Such organisms include bacteria, invertebrates, algae, and fungi. These marine sourced ingredients are better than terrestrially sourced ingredients as they are more active, have different properties, and different mechanisms of action. These ingredients allow products to contain photoprotection, moisturization, anti-ageing, and skin-whitening properties. By using blue biotechnology to source these materials, the marine ecosystem is protected from over-fishing and unnecessary ocean farming. There are seven million species living in the sea, and many more are unknown. The goal is to obtain samples of as many of these effective ingredients to begin farming them in a sustainable way.

In order to further biotechnology’s applicability to the cosmetic and personal care product industry there are some challenges that need to be solved. For example, obtaining the original sample to begin the process requires a large amount of financial support. Additionally, as biotechnology grows and develops, government must also develop and adapt their financial support, legislations and guidelines to support the industry and to protect marine ecosystems. As biotechnology develops, its applications expands into other industries, such as natural health products and pharmaceuticals. It will be interesting to see where this and future biotechnologies take us.

For more information, please contact Focal Point Research Inc. We are leading North American Regulatory and New Product Consultants for Medical Devices, Natural Health Products, OTC Drugs, Cosmetics, and other consumer products regulated by Health Canada and the U.S. FDA

Emily Campbell