UK – Cosmetic Ingredients Added to the GB Mandatory Classification List

Topic: COSMETIC INGREDIENTS ADDED TO THE GB MANDATORY CLASSIFICATION LIST

Date of publication: 12/03/2024

On March 12, 2024, the Health and Safety Executive (HSE) added 25 chemical substances to the GB Mandatory Classification List (MCL). This introduces new mandatory classifications under Article 37 of the GB Classification, Labelling and Packaging (CLP) Regulation for these substances.

Background

The addition of these substances to the GB MCL is supported by scientific and technical evaluations that identified their intrinsic hazards. While technical reports from the HSE highlighted these hazards, impact and policy assessments from the agency did not identify significant impacts.

These additions mark the second batch of substances added to the GB MCL post-Brexit, following the inclusion of 98 substances on October 20, 2023. The HSE notified the World Trade Organization (WTO) of its intention to add this second batch on August 24, 2023.

These additions were made after the Secretary of State accepted recommendations from the HSE, with the agreement of the Scottish and Welsh Ministers. The GB MCL list now comprises a total of 123 entries.

What’s new?

The list of substances added to the GB MCL include potassium chlorate, sodium chlorate, cinnamaldehyde, allyl methacrylate and others. The full list of the substances can be found here.

The following substances with an INCI name may be used as cosmetic ingredients but have a proposed Carcinogen, Mutagen, or toxic for Reprotoxic (CMR) classification, triggering Article 15 of the UK Cosmetics Regulation (UKCR):

2-ethylhexanoic acid and its salts: reprotoxic 1B
- 2-ethylhexanoic acid: already listed in Annex II of the UK Cosmetics Regulation (entry 1024) and banned from use in cosmetics.
- 2-ethylhexanoic acid nickel salt: already listed in Annex II of the UK Cosmetics Regulation (entry 1460) and banned from use in cosmetics.
- 2-ethylhexanoic acid zinc salt (INCI name zinc ethylhexanoate): not listed in the UK Cosmetics Regulation and may be used as a cosmetic ingredient. Expected to be banned for cosmetic use and added to Annex II of the UK Cosmetics Regulation.

Dimethyltolylamine: carcinogenic 1B
- No entry in Annex II of the UK Cosmetics Regulation. Expected to be banned for use in cosmetics and added to Annex II of the UK Cosmetics Regulation.

What now?

These additions came into force on March 2, 2024 and summaries have been published in the GB CLP publication table. The compliance date for the 25 substances is September 2, 2025.

References

Health and Safety Executive (HSE) – HSE CLP ebulletin: GB MCL Decision and updated list

other REGULATORY UPDATES

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.

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.

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.

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.

SCCS Final Opinion on the Safety of Triclocarban and Triclosan

Ingredients: TRICLOCARBAN and TRICLOSAN

Date of publication: 25/10/2022

During the plenary meeting on 24-25 October 2022, the Scientific Committee on Consumer Safety (SCCS) presented its final opinion on the safety of Triclocarban and Triclosan as substances with potential endocrine disrupting properties in cosmetic products.

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.