G/TBT/W/435  
19 January 2016  
(16-0373)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  BRAZIL – DRAFT RESOLUTION NO. 69 OF 9 SEPTEMBER 2014 ON COMPULSORY 
LISTING OF PRODUCT INGREDIENTS IN  PORTUGUESE ON THE LABELS OF 
PERSONAL HYGIENE PRODUCTS, COSMETICS AND PERFUMES 
STATEMENT BY MEXICO TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE 
4-6 NOVEMBER 2015 
The following communication, dated 15 January 2016, is being circulated at the request of the 
delegation of Mexico. 
 
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1.  Mexico wishes to reiterate its trade concern with respect to "Draft Resolution No. 69 of 
9 September 2014" on the compulsory listing of prod uct ingredients in Portuguese on the labels of 
personal hygiene products, cosmetics and perfumes, issued by Brazil in notification 
G/TBT/N/BRA/608. This concern was first raised at the November 2014 Committee meeting and was reiterated at its March and June meetings this year. Mexico's concerns relate to the following 
points: 
2.  Mexico considers that, with the proposal contained in the draft resolution in question, Brazil 
could be contravening fundamental principles of  the TBT Agreement, such as conformity with 
international standards under Article 2.4, by failing  to consider the existence of a widely accepted 
international nomenclature for the ingredients of cosmetic products (INCI nomenclature). 
3.  Mexico is also concerned at the distinction that is made between products from the 
European Union and imports from Brazil's other trading partners (specifically those of the 
Latin American region), in violation of the most-favoured-nation principle. 
4.  In view of the above, Mexico formally submi tted comments to Brazil on 19 January 2015, along 
with the following requests: 
5.  To explain why the INCI nomenclature system is not accepted under that measure, given that 
this system is widely recognized by regulatory entities at world level, as well as by the main product manufacturers and raw material producers. 
6.  To provide an explanation or justification of th e benefits of translating the names of product 
ingredients into Portuguese. Bearing in mind that the products use a large number of raw 
materials with highly complex technical names, lay consumers are not familiar with these ingredients and are incapable of distinguishi ng between ingredients with similar names. 
7.  To revoke the provision in question or, if appropriate, modify the wording so as explicitly to 
allow the use of the International Nomenclature of Cosmetic Ingredients (INCI). In the case of Mexico, for example, the use of the International Nomenclature of Cosmetic Ingredients is allowed 
in the technical regulation on the labelling of such products (NOM-141-SSA1/SCFI-2012, Labelling 
of Pre-Packaged Cosmetic Products. Health and Commercial Labelling), in force since 2012. 
8.  To explain the rationale of the measure and the reasons why it is necessary to translate the 
product ingredients, in relation to the legitimate aim pursued by Brazil in issuing the measure, 
bearing in mind the INCI nomenclature. G/TBT/W/435 
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  9.  At recent meetings of this Committee, Brazil has indicated that the measure was being 
reviewed by the judicial system, as it is relate d to the right to inform the public about product 
content in the official language of the country. We therefore request Brazil to inform us whether there are any updates with respect to this technical regulation. 
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