Draft regulation on microplastics in cosmetic products

Topic: Microplastics regulation in European Union

Date of publication: 30/08/2022 (draft)

On August 30, 2022, the European Commission released a draft proposal to restrict intentionally added microplastics. The restriction would comprise synthetic polymer microparticles below 5 mm and fiber-like particles below 15 mm that are used in products on intention and may result in environmental release.

Background

Single-use plastic and microplastics are a considerable cause of marine plastic pollution. Nowadays, marine plastic pollution has become a significant environmental concern not only for scientists and non-governmental organizations, but also for government officials and the general public.

According to ECHA (European Chemicals Agency), microplastics “are very small particles of plastic material (typically smaller than 5mm and often much smaller including nano plastics)”. They can unintentionally be formed through the wear and tear of larger pieces of plastic or manufactured and intentionally added to products. Microplastics can be found in a wide range of products available in the European market, like cosmetics, detergents, cleaning products and paints. Plastic microbeads are commonly used in cosmetics as exfoliating or scrubbing agents, particularly in facial cleansers and scrubs, shower gels and toothpastes.

Microbeads are not biodegradable and can persist for long periods of time in the environment. Microbeads in products intended to be rinsed-off are a major concern due to their impact in the environment. Several EU Member States, have legislated in order to restrict/prohibit some types of microplastics in cosmetics (like microbeads). In response, cosmetic companies are are increasingly using natural alternatives.

What’s new?

In 2017, the European Commission requested ECHA to assess the scientific evidence for taking regulatory action at the EU level on microplastics that are intentionally added to products, and in January 2019, ECHA proposed a wide-ranging restriction on microplastics in products placed on the EU market to avoid or reduce their release to the environment.

Following ECHA’s report, the European Commission published a draft regulation on August 30, 2022.

Annex XVII of REACH Regulation will be amended restricting synthetic polymer microparticles, polymers that are solid and which either are contained in particles and constitute at least 1% by weight of those particles, or build a continuous surface coating on particles, where at least 1% by weight of those particles fulfilling different conditions listed.

This new restriction excludes polymers that are the result of a polymerization process that happens in nature, which are not chemically modified, degradable polymers, polymers with solubility greater than 2 g/L, and polymers that do not contain carbon atoms in their chemical structure.

References:

European Commission (August 30, 2022) “Commission Regulation (EU) amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles.“

other REGULATORY UPDATES

Regulation (EU) 2022/692 – OMNIBUS ACT VI – New and Updated Classification of Cosmetic Ingredients

Ingredients: BENZOPHENONE, TEOPHYLLINE, MELAMINE, AZADIRACHTA EXTRACTS, TRIMETHYLOLPROPANE TRIACRYLATE, PENTETIC ACID, PENTASODIUM PENTETATE

Date of publication: 03/05/2022

Date of application: 01/12/2023

The Commission Delegated Regulation (EU) 2022/692 includes new or updated classification for 12 chemicals that may be used as cosmetic ingredients. Seven out of these 12 are now classified as carcinogenic, mutagenic or toxic to reproduction (CMR) and are banned from cosmetic products marketed in the EU.

French labelling requirement for leave-on products containing Phenoxyethanol repealed

Ingredients: PHENOXYETHANOL

The EU Court of Justice repealed the French requirement for the labelling of the precautionary measurement “Not to be used on the nappy-skin area of children under 3 years of age” on leave-on cosmetic products containing Phenoxyethanol. Therefore, the labelling restriction related to Phenoxyethanol is officially not mandatory for products imported into France.

SCCS consultation on opinion about Salicylic Acid

Ingredients: SALICYLIC ACID

Date of publication: 15/12/2022

On December 15, 2022, the EU Scientific Committee on Consumer Safety (SCCS) released the preliminary opinion on Salicylic Acid (CAS No. 69-72-7). This opinion is open for comments until February 17, 2023.

SCCS Revision of the Scientific Opinion on Vitamin A

Ingredients: RETINOL, RETINYL PALMITATE, RETINYL ACETATE, RETINYL LINOLEATE, RETINAL

Date of publication: 25/10/2022

The Scientific Committee on Consumer Safety has issued a final version of the Scientific Opinion on Vitamin A, concluding that exposure to Vitamin A derived from cosmetics can be a concern for higher exposure consumers, and since cosmetics alone do not exceed the upper limit the SCCS cannot suggest maximum concentration limits that take into account contributions from other sources.

Update on the classification and labelling of Titanium Dioxide in powder form

Ingredients: TITANIUM DIOXIDE

Date of publication: 23/11/2022

The EU General Court annuls the Commission Delegated Regulation of 2019 in so far as it concerns the harmonised classification and labelling of Titanium Dioxide as a carcinogenic substance by inhalation in certain powder forms.

Butylphenyl Methylpropional (Lilial) ban in cosmetics comes into force in Great Britain

Ingredients: BUTYLPHENYL METHYLPROPIONAL

Date of application: 15/12/2022

Due to its classification as toxic to reproduction, Butylphenyl Methylpropional is prohibited in cosmetic products placed in the Great Britain market as of December 15, 2022.