Hair product packaging resembling fruit sachets for children were removed from the market, following a complaint from DECO and investigations by the authorities.
In June, he alerted her to the similarity between packaging of hair products with fruit sachet packaging.
At the time, the Portuguese Association for Consumer Protection warned that the national and European legislation prohibited the manufacture and sale of products that could be confused with foodstuffs.
“According to national and European legislation, the manufacture, import, export or commercialization of products known as ‘dangerous imitations’such as cosmetics that could be confused with foodstuffs. Therefore, products that, although not food, may, in some way, mislead consumers due to their appearance, packaging, labeling or color are prohibited,” the text said.
In the June article, DECO was pointing the finger at the hair care line’s new packaging Hair Booster (Vitamin C, Protein and Amino Acid) of the brand Fructis, from Garniermarketed by L’Oréal.
Although the label states “Keep out of the reach of young children without supervision” and “Do not ingest”, alerts “appear to be insufficient”given that the appearance of the packaging is very similar to that of a fruit sachet, the consumer protection association then highlighted.
Products withdrawn from the market
The complaint that DECO sent at the time to Infarmed and the Food and Economic Security Authority (ASAE) resulted.
A withdrawal from the market of “all units” of productsa DECO source told Lusa, was communicated by the National Authority for Medicines and Health Products – Infarmed.
In August, Infarmed contacted Garnier to make the “necessary corrections”.
According to the information sent to Lusa by the association, Infarmed explained that after contact with the distribution company, L’Oreal Portugal, the respective inspection action was initiated so that the company could take measures to correct “the non-compliance found in the national market” in relation to the packaging of the hair care range Hair Boosterfrom Fructis.
“After evaluating the respective measures proposed and adopted by the company L’Oreal Portugal, Unipessoal Lda., in particular the withdrawal from the national market of all units of the aforementioned products, we inform that the process was considered completed”, informed Infarmed.
“Increasingly common packaging”
Contacted by DECO in June, L’Oréal stated that consumer safety “is an absolute priority” and that “packaging in the form of a flexible pouch are increasingly common in the cosmetic industry due to its environmental impact”.
Therefore, the company argued, “it is very likely that we will continue to see an increase in this type of packaging within different product categories”.
Even though the packaging says “Fructis” – a word that is easily confused with “fruit” -, the company argued that the line’s packaging Hair Booster do not contain any reference to food and that “a certain amount of force is required to open them, unlike food pouches which bear food-related inscriptions and are easily opened”.
However, DECO PROteste remembers that, although it is increasingly common to find these packaging for refill products, they tend to have different formats and capacities than food products.
Furthermore, although the range of products in question did not contain any reference to food, its shape, coloring and volume could easily be confused with fruit bags for children.”who could open them and ingest their contents.