Approaching deadlines for EU Cosmetic Regulatory changes

Topic: REGULATORY UPDATES

Date of publication: 01/02/2025

Several Cosmetic Regulations related to nanomaterials, vitamin A, and other ingredients will come into force from 1st February 2025, with product withdrawal deadlines later in the year.

What’s new?

The European Union has adopted several regulations impacting the cosmetic industry, with important deadlines approaching in early 2025:

Regulation (EU) 2024/858: Nanomaterials

For comprehensive information on this regulation, see our previous article on nanomaterials in cosmetics.

Affected nanomaterials include:

Styrene/Acrylates Copolymer (nano)
Copper (nano) and Colloidal Copper (nano)
Colloidal Silver (nano)
Gold (nano) and Colloidal Gold (nano)
Thioethylamino Hyaluronic Acid Gold (nano)
Platinum (nano) and Colloidal Platinum (nano)

Hydroxyapatite (nano) is restricted with specific allowances:

Maximum 10% in toothpaste and 0.465% in mouthwash
Must not allow inhalation exposure
Particles must be rod-shaped with a controlled aspect ratio
Must not be coated or modified

Regulation (EU) 2024/996: Vitamin A and other substances

As detailed in our previous analysis of Regulation 2024/996, these changes represent significant shifts in EU cosmetic ingredient policy.

Key restrictions include:

Genistein: Maximum 0.007% in ready-to-use products
Daidzein: Maximum 0.02% in ready-to-use products
Kojic Acid: Allowed up to 1% in facial and hand products
Alpha-Arbutin: Up to 2% in facial creams and 0.5% in body lotions
Arbutin: Up to 7% in facial creams
Vitamin A (retinol): Has specific restrictions with later implementation dates

Regulation (EU) 2022/2195: Homosalate

For the full SCCS opinion and initial regulatory response regarding Homosalate, refer to our earlier publication on UV filter regulations.

New restrictions:

Homosalate is now allowed only in face products (non-spray and pump spray products) up to a maximum concentration of 7.34%

What now?

Key deadlines for nanomaterials (Regulation 2024/858):

From 1st February 2025: Products containing the specified nanomaterials must not be placed on the EU market
From 1st November 2025: Such products must not be available on the EU market

Key deadlines for Vitamin A and other substances (Regulation 2024/996):

From 1st February 2025: Products containing Genistein, Daidzein, Kojic Acid, Alpha-Arbutin, and Arbutin that do not comply with the new restrictions cannot be placed on the EU market
From 1st November 2025: Non-compliant products must not be available on the EU market
For Vitamin A (retinol): Non-compliant products cannot be placed on the market from 1st November 2025 and must not be available on the market from 1st May 2027

Key deadlines for Homosalate (Regulation 2022/2195):

From 1st January 2025: Products containing Homosalate that do not comply with the new restrictions cannot be placed on the EU market
From 1st July 2025: Non-compliant products must not be available on the EU market

References:

other REGULATORY UPDATES

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.

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.

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.

Regulation (EU) 2022/1531 – OMNIBUS ACT V – applicable as of 17 December 2022

Ingredients: METHYL SALICYLATE, SODIUM HYDROXYMETHYLGLYCINATE, DBMC, MIBK

Date of publication: 15/09/2022

Date of application: 17/12/2022

The European Commission has published the Commission Regulation (EU) 2022/1531, which amends the Regulation (EC) No 1223/2009 as regards the use in cosmetic products of certain substances classified as CMR, by adding new entries to Annex II and Annex III and revising an entry in Annex V.

French Anti-Waste Law – Impact in Cosmetics Packaging and Labelling

PACKAGING WASTE MANAGEMENT

Date of application: 01/01/2023, with a transition period until 09/03/2023 for packaging produced or imported before 09/09/2022.

The Loi relative à la lute contre le gaspillage et a l’économie circulaire (Anti-Waste for a circular economy) has come officially into force in France in 2020. From January 2023 the requirements of the law became mandatory, including specific symbols on the packaging or labelling of cosmetic products.

Read More »