REGULATION (EC) NO 1223/2009 AND CMR SUBSTANCES
Regulation (EC) No 1272/2008, also known as CLP Regulation, provides for a harmonized classification of substances as carcinogenic, mutagenic or toxic for reproduction (CMR) based on an opinion prepared by the Committee for Risk Assessment of the European Chemicals Agency (ECHA). Depending on the level of evidence of their CMR properties, substances are classified as CMR substances of category 1A, 1B or category 2.
By default, the use of substances classified as CMR (under the CLP Regulation) is banned according to Article 15 of the European Cosmetics Regulation (Regulation (EC) No 1223/2009). Nevertheless, a CMR substance may be used in cosmetic products, by way of exception, if specific conditions are fulfilled.
With the aim of implementing the prohibition of CMR substances, ensure legal compliance (particularly for economic operators and national competent authorities) and to ensure a high level of protection of human health, these compounds are included in Annex II (list of substances prohibited in cosmetics products) or Annex III (list of substances which cosmetic products must not contain except subject to the restrictions laid down) of the EU Cosmetics Regulation. A CMR substance may also be deleted from Annexes III to VI of the Regulation for these purposes.
COMMISSION DELEGATED REGULATION (EU) 2022/692
On May 3rd 2022, the Commission Delegated Regulation (EU) 2022/692 was published in the Official Journal of the European Union. It amends the CLP Regulation for the purposes of its adaptation to technical and scientific progress.
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). This means that these 7 ingredients are banned from cosmetic products marketed in the EU.
The ingredients used in cosmetics which are now classified as CMR are the following:
- Benzophenone (CAS 119-61-9) – Carcinogenic 1B
- Teophylline (CAS 58-55-9) – Reprotoxic 1B
- Melamine (CAS 108-78-1) – Carcinogenic 2
- Azadirachta Extracts (CAS 84696-25-3) – Carcinogenic 2
- Trimethylolpropane Triacrylate (CAS 15625-89-5) – Carcinogenic 2
- Pentetic Acid (CAS 67-43-6) – Reprotoxic 1B
- Pentasodium pentetate (CAS 140-01-2) – Reprotoxic 1B
The Commission Delegated Regulation shall apply from 1 December 2023.
If you wish to get more information on the safety of cosmetic ingredients, feel free to contact us at firstname.lastname@example.org.
1. Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.
2. Commission Delegated Regulation (EU) 2022/692 of 16 February 2022 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures