Food Imitating Cosmetic Products

Food-imitating Cosmetic Products

Legislation ,[object Object],[object Object],[object Object]

Directive 87/357/EEC ,[object Object],This directive applies to the products, defined in Art. 1(2), which, appearing to be other than they are, endanger the health or safety of consumers. Exceptions : products not confused with foodstuffs, jewellery, small wares (e.g. caps, ringlets obtained in do-it-yourself shop), household chemicals with childproof cap

Directive 87/357/EEC ,[object Object],The products referred to in Art. 1(1) are those which, although not foodstuffs , posses s a form , odour , colour , appearance , packaging , labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause, for example, suffocation , poisoning , or the perforation or obstruction of the digestive tract .

Directive 87/357/EEC ,[object Object],If a Member State takes a specific measure pursuant to Art. 2 and 3, it shall inform the Commission thereof. It shall give a description of the product and the grounds for its decision .

Possible Approach ,[object Object],[object Object],[object Object],[object Object],[object Object]

Decision Tree Non Food product posse s s a form, odour, colour, appearance, packaging which confuses them with foodstuffs ? Could a consumer, especially young children, confuse the product with foodstuff and put the product (entirety or partially) in the mouth, suck or swallow it? Should the product comply with the Toy Directive? No Food-imitating Product No action No danger No action Use Toy Directive No No Yes Yes Yes No

Decision Tree Could the product give a reason for a danger? No danger, no action No Is there a basis for the potential risk (e.g. data bank, jurisprudence)? Violation of Directive 87/357/EEC Could the potential risk be founded by experts in the organisation? (In those cases where it is not possible to find a basis (“the grey area”) information could be retrieved from e.g. producer, RIVM, NVIC, other…..) Yes Yes Yes No No No danger, no action e.g. pneumonia due to small parts Other Risks e.g. due to detergents or thin viscous oils Chemical pneumonia e.g. due to sharp parts (Does the product have dangerous projections or could these arise?) Perforation e.g. due to solvents, poisoning components etc. Poisoning e.g. due to small parts (Does the product, or loose parts, pass the test with the cylinder for small parts according to EN 71-1?) Suffocation

Is there a base for the potential risk? Other Chemical pneumonia Perforation Poisoning Suffocation Could the product give a reason for a danger? Should the product comply with the Toy Directive? Could the product be confused with foodstuff? Is the product misleading in relation to appearance, packaging and or labelling? Does the product have a misleading colour? Does the product have a misleading odour? Does the product have a misleading form? Yes / No / Unknown Does the product comply with on or more of the following conditions: Food-imitating Product:

Appending methods ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Table of significance 5 6 4 5 Minimal number of attributions of imitation product Number of experts

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Food Imitating Cosmetic Products

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