Ban on CMR substances in cosmetic products applicable from 1 December 2023

Ingredients: BENZOPHENONE, TEOPHYLLINE, PENTETIC ACID, PENTASODIUM PENTETATE

Date of publication: 08/06/2023

On 8 June 2023, the European Commission published an amendment of Annex XVII to the Regulation (EC) 1907/2006 (REACH) regarding substances recently classified as Carcinogenic, Mutagenic, or Reprotoxic (CMR). The ban is applicable from 1 december 2023.

On 8 June 2023, the European Commission published an amendment of Annex XVII to the Regulation (EC) 1907/2006 (REACH) regarding substances recently classified as Carcinogenic, Mutagenic, or Reproductive toxicant (CMR) by the 18^th Adaptation to Technical and Scientific Progress of the Regulation (EC) 1272/2008 (CLP).

The newly classified CMR substances of categories 1A and 1B as established by Commission Delegated Regulation (EU) 2022/692, are listed in Appendix 2 and 6 (entries 28 and 30) to Annex XVII to REACH Regulation.

Ingredients used in cosmetics which are now classified as CMR (prohibited) are the following:

Benzophenone (CAS 119-61-9) – Carcinogenic 1B
Teophylline (CAS 58-55-9) – Reprotoxic 1B
Pentetic Acid (CAS 67-43-6) – Reprotoxic 1B
Pentasodium Pentetate (CAS 140-01-2) – Reprotoxic 1B

The Commission Regulation shall apply from 1 December 2023.

References:

Commission Regulation (EU) 2023/1132 of 8 June 2023 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards carcinogenic, mutagenic or reproductive toxicant substances subject to restrictions.

other REGULATORY UPDATES

UK Responsible Person Labelling Deadline Extension

RESPONSIBLE PERSON

Date of application: 31/12/2025

The UK Office for Product Safety and Standards (OPSS) have reviewed the requirement to label the product with the UK Responsible Person and have decided to extend this transitional provision for a total period of five years, until 31 December 2025.

SCCS Preliminary Opinion on Sodium Bromothymol Blue (C186) as hair dyeing

Ingredients: SODIUM BROMOTHYMOL BLUE (C186)

Date of publication: 28/10/2022

Following the request from the EU Commission for a scientific opinion on the hair dye Sodium Bromothymol Blue (C186), on October 2022 the Scientific Committee on Consumer Safety (SCCS) issued a preliminary opinion. In light of the data provided, when used in non-oxidative hair colouring products up to a maximum on-head concentration of 0.5%, the SCCS is of the opinion that the complete safety of Sodium Bromothymol Blue could not be assessed.

Italy and France – Environmental Labelling of Cosmetic Products

PACKAGING WASTE MANAGEMENT

Date of application:01/01/2023

Although the European Cosmetics Regulation is applicable to every cosmetic product made available in the European Union market, some national legislations may also apply. Environmental regulations in Italy and France specify mandatory labelling requirements applicable to packaged products marketed in these countries.

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.

Regulation (EU) 2022/2195 – Updates to cosmetic ingredients use requirements

Ingredients: BHT, ACID YELLOW 3, HOMOSALATE, HAA299 and RESORCINOL

Date of publication: 11/11/2022

Date of application: 01/07/2023

Commission Regulation (EU) 2022/2195 of November 2022 amends Regulation (EC) No 1223/2009, restricting the use of BHT, Acid Yellow 3, Homosalate, HAA299 and Resorcinol, in cosmetic products.

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.