Labelling of Cosmetics

4. Product Identity

For reasons such as health, safety, product comparison, and prevention of fraud, the identity of a cosmetic product must be evident when purchasing it. In the home, the product must be identifiable even after any outer packaging has been removed.

All information presented on a label must appear in such a manner that it can be easily read.

The manner in which the requirements are applied depends on the two situations described below:

• products that have both outer and inner labels (e.g., a bottle packaged in a box has two labels; the box bears the outer label, and the bottle bears the inner label), and
• products that have only an inner label (e.g., a bottle of shampoo that is not packaged in a box has only an inner label on the bottle).

4.1 Products That Have Both Outer and Inner Labels

For products that have both outer and inner labels, specificr requirements apply to each type of label.

4.1.1 Outer Label Requirements

On the outer label, the declaration of product identity must appear in both English and French on the principal display panel. The declaration must clearly contrast both with the background of the label and all the other information on the label.

Official Bilingual Exemptions

Exemptions concerning official bilingual labelling may be granted in certain cases. Sections 6(3) and 6(7) of the Consumer Packaging and Labelling Regulations allow temporary exemptions (one year maximum) for products undergoing bona fide test marketing and for local or specialty products. Under these circumstances, the product may be identified in either of the two official languages.

Requests for additional information about exemptions should be directed to the Competition Bureau of Industry Canada (see section 9.1,"Further Information About the Acts").

Single Expressions

Certain expressions are considered officially bilingual in themselves, such as: "parfum," "eau de toilette," or "cologne."

Additional Panels

The labels of some prepackaged products are composed of one or more additional panels of the same size and prominence as the principal display panel. The product identity may be given on the principal display panel in only one of the two official languages, provided that it is also given in the other language on one of the other panels.

Typeface

There is no restriction concerning the typeface that may be used. The information, however, must be legible.

Readability and Character Height

All information that is required to appear on a label, other than the declaration of net quantity (see "Character Height" in section 5.1.1, "Outer Label Requirements"), must be shown in a manner easily legible under normal or customary conditions of sale or use and must be in letters of not less than 1.6 mm in height. When the area of the principal display surface is less than 10 cm², the information may be in letters of not less than 0.8 mm in height.

The minimum height of the characters corresponds to the height of an upper-case letter when only upper case is used. The minimum height corresponds to the height of the lower-case letter "o" when words appear in lower case only, or when both upper-case and lower-case letters are used.

For further details, consult sections 14, 15, and 16, of the Consumer Packaging and Labelling Regulations.

Numerical Count

In certain cases, when a product is normally sold by numerical count and packaged so that the content is visible and identifiable (e.g., a plastic bubble pack that contains three shades of eye shadow make up), or the label bears an accurate pictorial representation of the contents of the package, the product may be exempted from a declaration of product identity.

4.1.2 Inner Label Requirements

On the inner label, a declaration of identity must appear either in English or in French unless the identity of the product is obvious. This declaration must contrast both with the background of the label and with all the other information that appears on the label.

Obvious Identity

The identity of a product does not have to be declared if it is obvious. For instance, a clear, lightly coloured liquid that has an agreeable aroma and is packaged in a small, decorative bottle is a perfume.

Official Languages

Even though both official languages are not required on the inner label, manufacturers and importers are encouraged to declare the identity of a cosmetic product in both English and French.

4.2 Products That Have Only an Inner Label

4.2.1 Inner Label Requirements

A declaration of identity must appear in English and in French on the principal display panel. The declaration must contrast clearly with the background and all other information that appears on the label.

Single Expressions

The requirements are the same as those for the outer labels of products that have both an outer and inner label (see "Single Expressions" in section 4.1.1,"Outer Label Requirements").

Additional Panels

The requirements are the same as those for the outer labels of products that have both an outer and inner label (see "Additional Panels" in section 4.1.1,"Outer Label Requirements").

Typeface

The requirements are the same as those for the outer labels of products that have both an outer and inner label (see "Typeface" in section 4.1.1,"Outer Label Requirements").

Readability and Character Height

The requirements are the same as those for the outer labels of products that have both an outer and inner label (see "Readability and Character Height" in section 4.1.1,"Outer Label Requirements").

Obvious Identity

In certain cases the identity of a product such as a lipstick, an eyebrow pencil, an automatic mascara applicator, or a compact including powder and puff may be considered obvious. A written declaration of product identity would not be necessary. If the product is in an opaque container, the identity of the product must be expressed.