Hair Bleach, Cosmetic or Hazardous Chemical?

Did you know chemical makers may classify their chemicals as cosmetic and therefore are under no obligation to label their products or share any of their ingredients and impacts of such?

That blew my mind, a stylist recently sent what she received when she asked for a bleach's MSDS, however, it wasn't an (M)SDS. That wasn't sent to her, but this was...

"Cosmetic

Information Data

Sheet"

This Information Data Sheet is

not a Safety Data Sheet in

compliance with art. 31 of

Regulation (EC) no. 1907/2006

Here's a snippet of a hair bleach being labeled as a cosmetic. I am leaving out the name because my intention is not to call out the company, but to make stylists aware of these loopholes, and how color lines get around not doing due diligence, or testing before they sell their products to stylists.

This is a "lightener" aka bleach cosmetic information sheet of a product that is being marketed as having nothing bad in it, and is completely safe to use without PPE because it's "all-natural".

This is how stylists describe the chemical to other stylists because the product is being marketed/ described to them by the ambassadors and sellers of the chemical product that way.

Further on you can see the information they had to include pursuant to the shipment of dangerous goods, it is made in Italy and imported to the states. This is important to pay attention to because you can see how you may need to protect yourself. See more below.

Personally, I do not understand how this company is allowed to categorize their hair bleach as a cosmetic, as hazards are noted in their own information sheet. The website recommendations contradict this cosmetic information data sheet.

The website of this product says you can use heat with this product in the FAQ section even tho above in section 10.1 conditions to avoid it says HEAT.

Hair processors range in temp but typically stylists put them on medium to high sometimes up to 200 F, when the guidelines on the website say it shouldn't be heated up past 105 F.

Why not just include this information in the "n/a" areas where it would have made sense to also include it?

Why not just call it a chemical and create the MSDS for it?

My theory is that it's less work and cost to call your product a cosmetic. Especially when you know stylists won't even know this sheet exists, let alone report their adverse effects to the company. The only time health or safety was mentioned for this product was only in reference to the integrity of the hair, not the human using the product.

When you read through this next breakdown what do you think? Would you as a stylist treat your salon chemical the same as a liquid foundation, or anything else you generally wouldn't wear PPE to apply?

Should this product be labeled as a cosmetic?

Understanding the Difference Between Cosmetics and Hazardous Chemicals

In our daily lives, we come across a wide array of products, some of which are intended for personal care and beautification, while others may contain hazardous chemicals.

1. Purpose and Use:

• Cosmetics: Cosmetics are products designed primarily for personal care and aesthetic enhancement. They include items like skincare products, makeup, perfumes, and hair care products. The primary purpose of cosmetics is to enhance appearance, maintain hygiene, or provide a pleasant fragrance.

• Hazardous Chemicals: Hazardous chemicals, on the other hand, encompass a broad range of substances used in various industries, such as manufacturing, agriculture, and research. These chemicals may have properties that make them potentially harmful to human health or the environment when not handled properly.

2. Ingredients:

• Cosmetics: Cosmetics typically contain ingredients chosen for their safety in personal care applications. These ingredients are carefully selected to ensure they don't pose significant health risks when used as directed. Many cosmetics undergo rigorous testing and regulatory scrutiny to ensure their safety.

• Hazardous Chemicals: Hazardous chemicals include substances that, due to their chemical properties, can be dangerous if not handled correctly. Examples include industrial solvents, pesticides, and certain laboratory chemicals. These chemicals are often subject to strict regulations governing their handling, storage, and disposal.

3. Regulatory Oversight:

• Cosmetics: Cosmetics are subject to specific regulations in most countries to ensure their safety for consumer use. Regulatory agencies, such as the U.S. Food and Drug Administration (FDA) and the European Commission, have guidelines and standards in place to monitor and control the safety of cosmetics.

• Hazardous Chemicals: Hazardous chemicals are subject to a separate set of regulations and standards that govern their production, storage, labeling, and transportation. These regulations aim to minimize risks associated with exposure to these chemicals in occupational settings and the environment.

4. Labeling and Information:

• Cosmetics: Cosmetics are required to have clear and informative labeling that provides details about the product's ingredients, usage instructions, and any potential allergens. This information helps consumers make informed choices and avoid products that may trigger allergies.

• Hazardous Chemicals: Hazardous chemicals must have comprehensive labeling that includes hazard symbols, safety data sheets (SDS), and precautionary measures. This information is critical for the safe handling of these chemicals in industrial and laboratory settings.

In summary, the primary distinction between cosmetics and hazardous chemicals lies in their intended use, ingredients, regulatory oversight, and labeling. Cosmetics are designed for personal care and aesthetic purposes, with a focus on safety and consumer well-being, while hazardous chemicals require stringent handling precautions due to their inherent risks. Being aware of these differences allows us to make informed decisions when choosing and using products in our daily lives, promoting both our safety and our beauty and personal care needs.

What if a company labels a hazardous chemical mixture as a cosmetic and not a chemical? Who checks their product for accuracy?

Labeling a hazardous chemical mixture as a cosmetic when it should be classified and labeled under the appropriate chemical regulations is a serious regulatory violation. Such mislabeling can pose significant risks to consumers and may result in legal consequences for the company involved. Here's how the situation is typically addressed:

1. Regulatory Authorities: Regulatory authorities in each country or region are responsible for enforcing laws and regulations related to product labeling, safety, and compliance. In the European Union, for example, the European Chemicals Agency (ECHA) oversees chemical regulations, while the European Commission monitors cosmetic product regulations. In the United States, the Food and Drug Administration (FDA) regulates cosmetics, while the Environmental Protection Agency (EPA) and other agencies oversee hazardous chemical products.

2. Complaints and Inspections: Regulatory authorities may conduct inspections, respond to consumer complaints, or take other proactive measures to identify and investigate potential violations. If a company is found to have mislabeled a hazardous chemical mixture as a cosmetic, it can face enforcement actions.

3. Penalties and Corrective Actions: Penalties for mislabeling or failing to comply with chemical regulations can vary depending on the jurisdiction and the severity of the violation. Companies may be subject to fines, product recalls, or legal actions. In some cases, regulators may require corrective actions or the reclassification and relabeling of the product.

4. Product Testing: Regulatory authorities may conduct product testing or request that companies provide data to substantiate their claims about a product's composition and safety. If a product is found to contain hazardous chemicals and is being marketed as a cosmetic, regulatory action will likely follow.

5. Public Awareness: Consumer advocacy groups, environmental organizations, and concerned individuals may also play a role in raising awareness about mislabeled products. Public pressure and media attention can lead to regulatory investigations and actions.

It's important for companies to accurately classify and label their products to ensure consumer safety and regulatory compliance. Companies should be aware of the specific regulations that apply to their products and seek legal and regulatory advice if they have any doubts about how to label and market their products correctly.

Consumers can also contribute to product safety by reporting any concerns about mislabeled or unsafe products to the relevant regulatory authorities or consumer protection agencies, which can trigger investigations and regulatory actions against non-compliant companies.

For The Nerdy and Keen

Here is a little bit about the regulation for those nerdy folk out there who want to understand what the company quoted as a basis for their choices.

Cosmetics are subject to their own set of regulations and labeling requirements, which are separate from the CLP Regulation.

Cosmetics in the European Union are primarily regulated under Regulation (EC) No. 1223/2009, which specifically addresses cosmetic products. This regulation outlines the requirements for the safety, labeling, and marketing of cosmetic products in the EU. It includes provisions for ingredient labeling, safety assessments, notification of products, and more. The labeling requirements for cosmetics under Regulation (EC) No. 1223/2009 are distinct from the labeling requirements for hazardous chemicals under the CLP Regulation.

The CLP Regulation (Regulation (EC) No. 1272/2008) primarily deals with the classification, labeling, and packaging of substances and mixtures based on their intrinsic hazards. It is applicable to chemicals that are not intended for cosmetic use, such as industrial chemicals, pesticides, and laboratory reagents. These non-cosmetic chemicals must be labeled according to the CLP Regulation's provisions.

In summary, cosmetics have their own specific regulations and labeling requirements under Regulation (EC) No. 1223/2009, and they do not need to be labeled according to the CLP Regulation (Regulation (EC) No. 1272/2008), which applies to hazardous chemicals other than cosmetics.

CLP Regulation stands for "Classification, Labelling, and Packaging of Substances and Mixtures."

This regulation is part of the European Union's efforts to standardize and harmonize the classification, labeling, and packaging of chemicals to ensure their safe use and protect human health and the environment.

One of the key elements of the CLP Regulation is the classification and labeling of substances and mixtures based on their intrinsic properties and hazards. It aligns with the United Nations' Globally Harmonized System of Classification and Labelling of Chemicals (GHS), which is a globally recognized framework for classifying and communicating information about chemical hazards. This is useful to know about since many color lines come from different countries with different regulations.

Here's an explanation of some key aspects of the CLP Regulation:

1. Classification: The CLP Regulation establishes criteria for classifying substances and mixtures into various hazard classes, such as flammable, toxic, corrosive, etc. This classification is based on scientific evidence regarding the potential risks associated with these substances or mixtures.

2. Labeling: Once a substance or mixture is classified, it must be labeled accordingly to inform users about the hazards it poses. The labels include standardized pictograms, signal words (e.g., "Danger" or "Warning"), hazard statements, and precautionary statements. These labels help users understand the risks and take appropriate safety measures.

3. Packaging: The CLP Regulation also includes requirements for packaging chemicals safely. Proper packaging helps prevent spills, leaks, and other hazards during transportation and storage.

4. Safety Data Sheets (SDS): Manufacturers and suppliers of chemicals are required to provide Safety Data Sheets (SDS) to users. These sheets contain detailed information about the hazards of the chemical, safe handling procedures, first-aid measures, and more.

5. Notification to the Classification and Labelling Inventory: Companies must notify the European Chemicals Agency (ECHA) of the classification and labeling of substances. This information is used to compile the Classification and Labelling Inventory, which is a central database of hazard classifications.

6. Amendments: The CLP Regulation can be amended to update hazard classifications, labeling requirements, and other provisions to align with scientific advancements or changes in international regulations.

The CLP Regulation is crucial for ensuring consistent and clear communication of chemical hazards throughout the European Union. It helps protect the health and safety of workers, consumers, and the environment by providing standardized information on chemical hazards and safe handling practices. Additionally, it facilitates the free movement of chemicals within the EU by harmonizing classification and labeling requirements across member states.

There is so much more to this than can be written in one post. If you made it this far thanks for getting nerdy with me.

xx whit

*The hair hug is politically neutral, the purpose of our posts is to inform and educate salons and stylists about the chemicals they work with and hold a lot of liability using. We do not participate in lobbying for change, but we educate about such regulations that are already in place, but just isn't enforced because of the lack of reporting. We endeavor to educate stylists on how to report their adverse reactions to chemical manufacturers so that companies have the opportunity to reformulate their products.

We on occasion are asked to let the hair community know about current class-action lawsuits that are happening that they may benefit from. You can find such links in our Do Not Heat Article.