tporgancis organic innovation days: session ii - looking ...€¦ · looking beyond organics theme...

Dr. Mark Smith

Director General

NATRUE AISBL

TPorgancis

Organic Innovation Days: Session II -

Looking beyond Organics

Theme 3: Use of by-products in cosmetics

© NATRUE 2016 ·Brussels – 6th December 2016

Presentation Outline

• Cosmetic Regulatory Framework

• ‘Natural’ & ‘Organic’ Cosmetics

• Private Standards, Guidelines

• NATRUE – organisation activities

• Organic Cosmetics – descriptions,

considerations, examples

• Future guidance? – ISO 16128

• Future Perspectives and Challenges

• Organic - Innovation potential

• Manufacturers

• Consumers

• Regulatory Framework© NATRUE 2016 ·Brussels – 6th December 2016

EU Cosmetics Regulation

Regulation (EC) No. 1223/2009 (Cosmetics Regulation)

in force since 11 July 2013

New Regulation replaced Directive 76/768/EC

All cosmetic product are regulated by Regulation (EC)

No. 1223/2009 and their claims by Regulation (EC) No.

655/2013

⟹ Represents the main regulatory framework for finished

cosmetic products when placed on the EU market


Cosmetics: Scope and Definitions

(Article 2, Reg (EC) 1223/2009)

Cosmetic product (substance/mixture):

for external use of the human body

with teeth and mucous membranes of oral cavity

Exclusively or mainly to: cleanse; perfume; change

appearance; protect; keep in good condition; correct body

odours

⟹ Cosmetics have a different specific function to food

“EU organic logo cannot be used for a product which does not

satisfy the requirements set out under Regulation (EC) No

834/2007” ⟹ cosmetics (non-foods) may not use


Natural/Organic Cosmetics

in the Regulatory Framework

Fundamental baseline requirement for all cosmetics

marketed in the EU is compliance with Regulation (EC)

No. 1223/2009 (public standard) and includes:

Finished products and ingredients

Natural and organic or not

⟹ Without exception all cosmetics must be:

- safe; functional; effective


‘Natural’ and ‘Organic’ Cosmetics are officially undefined

sector of a tightly regulated industry

⟹ NO (mandatory) European harmonised standard setting

criteria for natural and organic cosmetics (DG GROW)

⟹ Claims under Article 20 (EU Cosmetic Regulation)

⟹ Private, voluntary standards (e.g. NATRUE) exist to

promote a definition for ‘natural’ and ‘organic’ (in terms of

ingredients and finished products)

Why?

- Consumer benefit

- Advent of greenwashing

- Protect the sector


Natural/Organic Cosmetics

in the Regulatory Framework

Natural and Organic Cosmetics: Market

European market (all natural/organic personal care

products) represents second largest (after Asia).

BUT EU leader in certified natural cosmetics

68 % of products certified

Sector growing & competition rising

- EU total growth rate of 5-7 %

- Germany: > €1 billion in 2015; expected again in

2015; market share 7-8 % and expected 10 %

- Second biggest EU market France (3 % market

share)

- Continued growth is anticipated


NATRUE: Sector Commitment


NATRUE: Sector Commitment

Brussels-based, International Non-Profit

Association (AISBL)

Promotion and development of a strict

regulatory definition (NATRUE Standard)

of natural & organic ingredients and

cosmetics

Participation and contribution to EU

regulatory decision-making to ensure the

availability of natural & organic ingredients


NATRUE: Activities - Advocacy

Contribution to and participation in

Seat at EU Commission’s Working Group on Cosmetic

Products and sub-group claims (E01302)

CEN/TC 392 (Cosmetics - liaison organisation); liaison

officer CEN/TC 392 and CEN/TC 411 (bio-based products)

ISO TC/217/WG4 (Cosmetics - liaison organisation A)

Institutional Working Groups and Public Consultations:

Fragrance allergens; Endocrine Disruptors; CoP

Community of Practice for Better Self- and Co- Regulation

(DG CNECT: E02927); Fiscalis - Partially Denatured

Alcohol (PDA) and denaturants (DG TAXUD: E02901)

http://www.natrue.org/activities/advocacy/


NATRUE: Activities - Label

Promotion of NATRUE label as an expression of

NATRUE Standard (private)

Certify finished products (3 Levels) & raw materials*

Only natural/derived natural ingredients*

Not nature-identical ingredients*

Developed by advisory body: Scientific Committee

Certified by accredited, independent control bodies

Strict

Transparent

http://www.natrue.org/manufacturers/


What is Organic for a cosmetic?




All cosmetic claims are regulated by Regulation

(EC) No.655/2013

Environmental claims for non-food products for

consumers must be clear, accurate and reliable, and

in accordance with the Unfair Commercial Practices

Directive (UCPD: Directive 2005/29/EC)

Several Member States provide guidelines on

environmental claims

BUT variation: can be limited to the agricultural element not

the product; or when a significant portion or majority (≥ 95%) of

the raw materials come from organic agriculture



For private standards with verifiable criteria for

certification, the ‘norm’ to label a cosmetic product

as ‘organic’, according to its composition, is that:

• ≥ 95% of the ingredients from plant and animal

origin contained in the product must come from

controlled organic farming and/or wild

collection

• This specific % value is also representative of the

% content referenced to claim ‘organic’ in certain

countries worldwide



…some considerations:

1. Formulation (arbitrary) water cannot be organic

2. Water coming from plant origin may be considered

organic (standard dependent)

3. Synthetic substances (e.g. Annex IV [colorants], V

[preservatives] or VI [UV-filters]) may be permitted

4. Not all ingredients are available in ‘organic’ quality for

functionality and efficacy of the finished product but

may be produced from organic grade raw materials

nonetheless

5. GMO ingredients prohibited BUT GMO

enzymes/microorganisms for ingredient manufacture

may be prohibited/permitted according to the

technical criteria of the standard



⟹ ≥ 95% organic ingredients does not mean ≥ 95% of the total

product is organic

Considerations for the total product:

1. Not all private standards set a limit for % of the total product

that must be organic

2. For those that do the definition of total ‘organic’ content varies

⟹ includes ingredients from organic agriculture ± cosmetic

raw materials made using organic ingredients (differentiation)

3. Private standard criteria for total % content can range from

10%-90% to label a specific finished product as ‘organic’.

4. Some standards differentiate between cosmetic category; set

specific thresholds re: formulation considerations that

increase from a benchmark requirement

5. Some standards set horizontal organic content requirements

with lowered exceptions for specific categories

What is inside the product matters

most – Example: NATRUE Standard

Effective, high quality cosmetics cannot be

produced from nature alone ⟹ considerations

Chemically unmodified (natural/organic) substances must

be dominant

Compromises between performance and nature must be

kept to a minimum and must be transparent and

understandable

Environmental compatibility of chemically modified

substances must be guaranteed


NATRUE: Cannot be organic without

being natural - 3 certification levels

NATRUE labelled products are certified to one

of three levels:

Natural

CosmeticsNatural Cosmetics

with organic portion

Organic

Cosmetics


Total product: Ensuring organic

Body oil

(Category 1)

Shampoo

(Category 9)

Soap

(Category 11)

[NATRUE]

Organic

cosmetics

(Level 3)

≥95% of

ingredients

from organic

agriculture

**95% **95% **95%

Body Oil Shampoo Soap


Future guidance? ISO 16128?


ISO 16128 guidelines


In 2010, draft guidelines for natural and organic

cosmetic products were tabled by the conventional

cosmetic industry with the International

Standardization Organization (ISO)

Hopeful aim

Creation of harmonised technical criteria:

1. Encourage wider choice of natural/organic

ingredients in the formulation of a diverse variety

of cosmetic products to encourage innovation

2. Allowing for claims substantiation

3. Being useful to the industry at large

ISO 16128: Why?


Developed by ISO Cosmetics Working Group

ISO/217/WG4 (NATRUE – liaison organisation A)

2 part (voluntary) international guideline

ISO 16128-1: Definitions for ingredients

ISO 16128-2: Criteria for ingredients [and products]

Not included: Claims and labelling, safety

(human/environmental), socio-economics (fair trade),

characteristics of packaging materials

Feb 2016: 16128-1:2016 released

16128-2 expected Q1 or Q2 (latest Q3 - Oct 2017)

ISO 16128: Development


NATRUE – ISO 16128: Organic?


Topic NATRUE Standard ISO 16128-1:2016

Ingredient definitions Natural (incl. organic),

Derived Natural (incl.

organic), Nat-identical

Natural*, Derived

Natural*, Derived Mineral*,

Derived Organic, Non-

Natural*

ISO 16128-1:2016: Definitions

ISO Natural: “Ingredients coming from GM plants can be considered as natural

ingredients in certain regions of the world”

ISO Organic: certified organic ingredients to national legislation/international

standards where applicable (physically processed)

ISO Derived Organic: No fossil fuel moieties; chemically modified cosmetic

ingredient of organic or mixed organic and natural origin; (GM)

enzymes/microorganisms may be used

ISO Non-Natural: ingredients ≥50 % of fossil fuel origin accepted


⟹ Definitions (Pt. 1) - NO limits for: Petrochemical ingredients; ingredients

produced from GMOs that may be included in an ‘organic’ finished cosmetic as

‘natural’ ingredients; GMO processing tools or ingredients produced from them

Criteria (Pt.2) ONLY offers : Framework based on the ingredient definitions

⟹ Ability to determine the organic or organic origin content of products (±

formulation water) BUT…

⟹ NO requirement for the minimum % of organic ingredients (cf. ≥ 95%) or the %

of the total product that must be ‘organic’

⟹ NO (official) notification for when a finished product may be considered

‘organic’ e.g. based upon % content i.e. 10, 20, 50, 90% (no categorisation)

Provides the consumer only with the perception of an organic cosmetic

authenticity rather than showing transparency (reality)

ISO 16128: Definitions and Criteria


What NATRUE believes…

ISO 16128 represents an overall weak benchmark

for natural/organic cosmetics

Remains highly important for NATRUE to be part

of ISO TC/217/WG4:

1. To be aware of what criteria the guidelines will

contain

2. To differentiate

3. To reveal the weaknesses to the consumer

http://www.natrue.org/news/


http://www.natrue.org/news/

Future Perspectives and Challenges


Organic – innovation potential

Increased use of organic grade raw materials – production

(sustainable sourcing, direct; recyclable biomass use of organic)

Organic raw materials as starting materials for both cosmetic

ingredients (unmodified; derived products)

Processing tools – non-GM innovation for cosmetic ingredient

and derivate production (protection of term organic)

New material ingredients from – microalgae as products for

cosmetics

New material ingredient for – packaging

• Packaging from renewable raw materials; bio-plastics – building

blocks from algal products

New material ingredients for – carrier materials

• e.g. wet wipes/pads – vehicles to apply the cosmetic product


Examples…

GMO prohibition – specifically processing aids

There is no definition for an ‘organic cosmetic’ or an organic

cosmetic ingredient. Some standards ban GM processing aids;

other do not.

Issues:

• Complexity of the supply chain for cosmetics re: traceability of

the processing tool origin,

• No mandatory requirement for a manufacturer to declare the

processing aid’s origin + increased GM enzyme use

• Reliance upon vendor declaration

⟹ currently one can produce a product from organic ingredient

made using GMO enzymes

⟹ sector is open for future investment in the development of

non-GMO methods consistent with ‘organic’.


Examples…

New ingredient from – recyclable biomass,

sustainable materials development from organic

• e.g. as part of NATRUE research activities: EU-funded (Grant #262507),

Organic for Surfactants. Development new surfactants by fermentation of

waste products of organic agriculture in accordance with NATRUE criteria


“Optimise the production

of biosurfactants to create

natural cosmetics in a

sustainable way”

For Manufacturers

ONLY able to make ‘claims’ (e.g. % organic content)

BUT still….there is NO guidance for when a product is

considered organic or not

⟹ when is a product considered ‘organic’: At 20%, 50%, 70%

or 100 % organic content?

⟹ Advantage at present for the consumer remains certifiable

private standards (excluding ISO 16128 guidelines)

…yet market diversity and variability means consumer

challenges as part of informed decision-making• Certified: varied criteria – technical;

• Non-certified – may/may not meet certified requirements;

• Bio-inspired cosmetics - greenwashed

NATRUE advocates for official definition in legislation© NATRUE 2016 ·Brussels – 6th December 2016

For Consumers

Thousands of consumers have signed-up based on

trust and confidence in private standards (e.g.

NATRUE Standard)⟹ Informed choice possible (ingredients: non-GMO/no

petrochemicals; products); not possible with ISO

(ingredients or products)

⟹ influence of ISO 16128 guidelines may lead to

consumer confusion rather than clarity, even

potential mistrust – without fundamental consideration

of consumer expectations

NATRUE: "Exploring the territory of natural and organic

cosmetics" GfK research on consumer expectations:

http://www.natrue.org/press/resources/


http://www.natrue.org/press/resources/

Regulatory Framework

So could the future be adoption of the ISO

Guidelines nationally or territorially?

• Guidelines remain voluntary unless officially adopted

Routes for ISO Guidelines enforcement at EU level

under Article 20 of the EU Cosmetics Regulation?

⟹ ISO-Article 20:

http://www.natrue.org/press/fact-sheets/




A key challenge is to

maintain and

develop, not loose,

consumer trust and

confidence in natural

and organic cosmetic

products

Final thought…

The right to

know


The right to

choose

Thank you for

your attention!


NATRUE ·

International Natural and

Organic Cosmetics Association

Floor 2 · Rue Washington 40 · 1050

Brussels Belgium

Phone +32 (0) 2 613 29 30

[email protected]

www.natrue.org


http://www.natrue.org/

Regulatory Framework

⟹ Possible routes for the ISO Guidelines to be enforced at EU

level are:

1. European Commission could issue a mandate to CEN →

would be mandatory and referenced in the EU Cosmetics

Regulation.

2. EU Member State could table the Guidelines at CEN →

would not be referenced in the EU Cosmetics Regulation;

voluntary standard as opposed to mandatory.

3. A company may unilaterally decide to refer to/certify their

products to comply with the ISO Guidelines → would lead

to consumer confusion.

⟹ ISO-Article 20: http://www.natrue.org/press/fact-sheets/



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