CMR substances prohibited by Omnibus Act VII
Ingredients: DIMETHYLTOLYLAMINE, TRIMETHYLBENZOYL DIPHENYLPHOSPHINE OXIDE

Date of publication: 24/06/2024

On June 24, 2024, the European Commission (EC) notified to the World Trade Organization (WTO) the “Omnibus VII” regulation. The adoption is expected to take place after the September 1st, 2025.

Background

On June 24, 2024, the European Commission (EC) notified to the World Trade Organization (WTO) the “Omnibus VII” regulation. The adoption is expected to take place after the September 1st, 2025.

This regulation incorporates substances categorized as CMR (Carcinogenic, Mutagenic, or Toxic for Reproduction) according to regulation EC 2024/197, also known as 21st Adaptation to Technical Progress (ATP) to the EU Classification, Labelling and Packaging (CLP) Regulation, into the European Cosmetic Regulation 1223/2009. Since none of these substances have been defended by the industry, they will be added to Annex II (prohibited substances) of the Cosmetics Regulation.

What’s new?

Among the newly classified CMR substances, two ingredients are used in cosmetic products:

  • Dimethyltolylamine, carcinogenic 1B – used as a nail conditioning agent
  • Trimethylbenzoyl diphenylphosphine oxide (TPO), reprotoxic 1B – used as a skin conditioning agent

What now?

Starting September 1st, 2025, products containing either of these ingredients will be banned. This means no product containing them can be available on the EU market after this date.

References

European Commission notification to the World Trade Organization (WTO). Omnibus Act VII

other REGULATORY UPDATES

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.

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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.

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Any REGULATORY QUESTION?

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.

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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.

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