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

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.

French labelling requirement for leave-on products containing Phenoxyethanol repealed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The EU Court of Justice repealed the French requirement for the labelling of the precautionary measurement “Not to be used on the nappy-skin area of children under 3 years of age” on leave-on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.

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.

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.

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.

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.