***EMERGING DEVELOPMENT***
It has come to Cosmetics Alliance’s attention that there have been recent incidences of imported cosmetic products being refused and turned back (or destroyed) at the border due to the product label referencing an international website which makes therapeutic representations/claims that would render the product a drug/NHP in Canada (even if the product is considered to be a cosmetic in the website’s hosting jurisdiction). Also of concern is the apparent unwillingness of Inspectorate officials to allow for corrective actions (i.e. modify the international website, redirect to a Canadian website, etc.) to resolve the issue.
Although we have been made aware of only a few incidences directly from our members, CA’s discussions with the Food & Drug Act Liaison Office (FDALO) suggests that there may be more. We are concerned with the non-flexible compliance approach that the Inspectorate seems to be taking which may be denying legitimate products from entry into Canada resulting in significant cost implications and business disruptions for the affected importers.
This update seeks to:
- Ensure members are aware of the issue and potential actions at the border
- Survey members to better understand if they have experienced these (or similar) challenges to help inform our engagement
WHAT MEMBERS SHOULD DO
IF YOU HAVE EXPERIENCED THESE (OR SIMILAR) CHALLENGES:
- Please notify your CA Team (e-mail: regulatory@cosmeticsalliance.ca) and include the following details:
- Date/Time of interaction with the Inspectorate
- Any correspondence shared by/with the Inspectorate
- Any details regarding corrective actions or proposals that were tabled to address/resolve the issue
- Overview of outcomes and follow-up that you may have had with HC officials
- Other relevant information that may be helpful
- Please provide, where possible, an estimate of the potential business cost; for example:
- Holding costs (while the issue was being discussed/resolved)
- Shipping costs (for return of refused product)
- Lost product costs (for products that were confiscated/destroyed)
- Lost retail business
- Other costs (retail penalties, etc.)
Please provide your input ideally by close of business Monday, August 27, 2018 as we are seeking a discussion with Health Canada next week.
WHAT COSMETICS ALLIANCE IS DOING
Once we have received feedback from members, CA will reach out to the Inspectorate to discuss the issue, convey our concerns, seek to understand the specific authority under which these (or similar) actions are being taken, and discuss how stakeholders can be notified in future of policy changes and compliance actions.
In the interim, please do not hesitate to touch base with your CA Team should you wish to discuss this emerging development in further detail.
