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.

On November 11, 2022, the European Commission published the Regulation (EU) 2022/2195, amending Annexes III (list of restricted ingredients) and VI (list of authorised UV filters) to EU Cosmetics Regulation No. 1223/2009.

Based on the latest scientific opinions published by the Scientific Committee on Consumer Safety (SCCS), the amendments provide for new conditions of use of the following ingredients:

BHT (Butylated Hydroxytoluene; CAS No. 128-37-0)

– Mouthwash products, up to 0.001%

– Toothpastes, up to 0.1%

– Other leave-on and rinse-off products, up to 0.8%.

Entry into force from 1 July 2023 for products placed on the market and 1 January 2024 for products made available on the market (off-shelves).

Acid Yellow 3 (CAS No. 38615-46-2)

– Limited to non-oxidative hair dye products at a maximum concentration of 0.5%. Any other use not explicitly regulated will not be allowed.

Entry into force from 1 July 2023 for products placed on the market and 1 January 2024 for products made available on the market (off-shelves).

Homosalate (CAS number: 118-56-9)

– Face products, except propellant sprays, up to a maximum concentration of 7.34%.

Entry into force from 1 January 2025 for products placed on the market and 1 July 2025 for products made available on the market (off-shelves).

HAA299 (Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine; CAS No. 919803-06-8)

– New UV filter added to Annex VI, safe up to a maximum concentration of 10%. In the case of the combined use of Piperazine and Piperazine (nano), the sum shall not exceed 10%.

– HAA299 in nano form must meet some additional requirements: Purity ≥ 97%; Median particle size D50 ≥ 50 nm of number size distribution; It cannot be used in applications that may lead to exposure of user’s lungs by inhalation.

Entry into force on 1 December 2022.

Resorcinol (CAS number: 108-46-3)

Correction in Annex III to Regulation (EC) No 1223/2009, in the row for entry 22, column i, point (a), the last sentence is replaced by the following: “Do not use to dye eyelashes.”

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References:

1. Commission Regulation (EU) 2022/2195 of 10 November 2022 amending Regulation (EC) No 1223/2009 of the European Parliament and of the Council as regards the use of Butylated Hydroxytoluene, Acid Yellow 3, Homosalate and HAA299 in cosmetic products and correcting that Regulation as regards the use of Resorcinol in cosmetic products.

other REGULATORY UPDATES

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.

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.

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.

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.

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.

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.