COSMETICS & PERSONAL CARE PRODUCTS REGULATION AND LITIGATION
CD: Could you provide an overview of recent developments shaping the cosmetics and personal care industry? What notable trends would you highlight?
Kenyon: Recent developments shaping the UK cosmetics and personal care industry have largely been prompted by UK government initiatives to promote environmental sustainability in line with its commitment to reaching net-zero carbon emissions by 2050. This can be demonstrated by the entry into force of two new pieces of legislation focusing on recycling and the reduced use of plastic in packaging, as well as guidance for businesses seeking to make environmental claims. The UK Environment Act, which came into force on 9 November 2021, aims to improve air and water quality, protect wildlife, increase recycling and reduce plastic waste as part of the UK’s new post-Brexit legal framework for environmental protection. Many provisions in the Act have yet to come into force and be clarified by further regulations of the secretary of state, however one of the key deliverables in the Act includes an extended producer responsibility (EPR) reform to make producers, including in the cosmetics sector, pay the full net cost of managing their products and packaging at end of life, starting with plastic packaging, to incentivise sustainability. Complementing this is the UK Plastic Packaging Tax, which came into force on 1 April 2022, which results in companies, including in the cosmetics sector, that manufacture or import in a 12-month period more than 10 tonnes of “finished plastic packaging components” that contain less than 30 percent of recycled plastic being charged a tax of £200 per tonne.
Jul-Sep 2022 issue
Hogan Lovells International LLP