Policy Regulatory Technical Notification 13-2025
Dear CTFA member
Please find this week’s notification for information and consideration.
Borderline Products
South African Health Products Regulatory Authority (SAHPRA) releases revised draft “Borderline Products Guideline”
In South Africa and some other jurisdictions, “borderline products” for cosmetics are considered those that may cross over to the medical/therapeutic space and may require regulation as a “medicine” or other type of product rather than as a cosmetic. This “grey area” is often a topic of debate between Government and industry, with Associations like CTFA advocating for cosmetics not to include medical/restricted substances and inappropriate claims.
SAHPRA, the National Department of Health’s implementation arm for the Medicines and Related Substances Act as well as parts of the Hazardous Substances Act has published a revised Guideline for Borderline Products for public comment. The first draft was published in 2022 that included a number of products our industry considers as cosmetic or personal care products. CTFA submitted comment at the time and engaged with the Regulator, and notes that some comments have been taken into account. The Association will be reviewing the new draft towards the end of October 2025 and welcomes your inputs for consideration.
SAHPRA’s deadline to receive comments is 1 December 2025. CTFA will provide members with more information prior to this for consideration, but please do send CTFA any input by the end of 31 October 2025.
The draft revised Guideline is available from CTFA.
Palm Oil
During 2024, CTFA alerted members to investigations being undertaken by the International Trade Administration Commission (ITAC) with regards to applications for rebates on import customs duty for palm oils and provided members with the opportunity to learn more about ITAC’s role and the specific investigation that was being undertaken. Further investigations were undertaken and decisions made by ITAC that CTFA alerted members to in 2025. Furthermore, the ITAC Guidelines, Rules, and Conditions pertaining to the issuing of permits by ITAC for rebates were released.
In the most recent additional publication, ITAC presents the Guidelines, Rules, and Conditions pertaining to permits issued under rebate item 460.06/1516.20.90/01.08 (rather than 1516.20.90 as per the previous publication) for rebate on facility on palm oil, not fractionated, partly or wholly hydrogenated, whether or not refined, but not further prepared, classifiable in tariff subheading 1516.20.90, for use in the manufacture of soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieced or shapes, classifiable in tariff subheading 3401.01, in such quantities, at such times and subject to conditions as ITAC may allow by specific permit, provided that the goods are not available in the SACU.
The latest document is available from CTFA.
Should there be any queries or if you would like further information/documentation, please do not hesitate to contact: Dr Glen Malherbe - glen@ctfa.co.za / 082 908 3383 or Nadia Rashid - nadia@ctfa.co.za
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