@ Pharma -thanks, think the “preservative -free” marketing hype shows Bayer in this case is unethical. As you point out, it’s just hexanediol - a synthetic compound that finds common use as a preservative.
Just as an update (better late than never): Astonishingly, my inquiry had Bayer to have a meeting… The tech person called me back and said that their layers are sure that they are in accordance with European cosmetics regulations because 1,2-hexanediol isn’t in the preservative annexe and that they will get away with it being a skin conditioning ingredient, no matter whether or not the product would be contamination free without it. They also think it’s absolutely okay to communicate ‘preservation free’ to retailers and putting this in the brochure (which, they say, is meant for retailers but ‘Why don’t you let some here with the products and feel free to give it to interested customers, just order more if you need more’) as long as it’s not mentioned in TV adds and on the packaging.
I have the impression that they see themselves on the winning side because they just know how to layer up better than anyone who might sue (or rather, they know that nobody is willing to pay money for a lawsuit wherewith no money can be made).
Does anyone here have a more in depths knowledge of EU legal rules in this regard?
The issue is described in Annex III: https://ec.europa.eu/docsroom/documents/24847
The claim ‘free from preservatives’ should not be used when a product contains (an) ingredient(s) showing a protective effect against microorganisms, which are not included in Annex V of Regulation 1223/2009, e. g. alcohol. If the responsible person has evidence that the particular ingredient or the combination of such ingredients does not contribute to the product protection, it might be appropriate to use the claim (e.g. challenge test results of the formula without the particular ingredient).
Claims are controlled by the trade inspection of a given country, so if a product with such claims is not sold in a registered store (stationary or online), I don’t see the possibility of checking such a product