Update: New ingredients banned for cosmetic use by the EU

On June 8, 2023, the European Commission informed the World Trade Organisation (WTO) of its intention to enforce new restrictions on various cosmetic substances within the European Union by the end of the year. The draft regulation proposes changes to the EU Cosmetics Regulation, affecting the usage of certain ingredients commonly found in cosmetic products.

 

💡Did you know: In 2022 There were 23 new ingredients banned by the EU for cosmetic use, learn more

 

The following modifications will be introduced:

  1. Prohibition of 4-Methylbenzylidene Camphor (4-MBC): This UV filter will be banned, and its entry in Annex VI will be deleted.

  2. Restrictions for Genistein, Daidzein, Kojic Acid, Alpha-Arbutin, Arbutin, and Vitamin A: Specific concentration limits will be imposed on these substances, limiting their usage in cosmetics. Vitamin A, being naturally present in food sources, is receiving attention due to its overall exposure exceeding the upper limit set by the European Food Safety Authority (EFSA).

  3. Further limitations for the preservatives Triclocarban and Triclosan: Triclocarban will be allowed in most cosmetic products, except mouthwash, at a maximum concentration of 0.2%. Triclosan will be banned in mouthwash, and toothpaste containing these substances must bear a warning not to be used for children under 6 years of age.

Regarding Vitamin A, the Scientific Committee on Consumer Safety (SCCS) has identified maximum safe limits for its use in cosmetic products, leading to the transposition of these limits into the new draft regulation. The forms of Vitamin A affected include Retinol, Retinyl Acetate, and Retinyl Palmitate.

The new regulation permits the usage of these Vitamin A derivatives in cosmetic products up to a maximum concentration of 0.05% of Retinol Equivalent (RE) in body lotion and up to 0.3% RE in other cosmetics. Product labels must also include the statement "Contains Vitamin A-related compounds, which contribute to your daily intake of Vitamin A."

The European Commission aims to publish the regulation officially in the fourth quarter of 2023, providing the industry with ample time to adjust formulations and comply with the new restrictions, thus avoiding excessive financial and environmental costs. Acting promptly demonstrates a beauty brand's commitment to safety and ensures readiness within the specified deadlines.

 

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Cosmetic brands should review their product formulations and take necessary measures to comply with the upcoming restrictions. Ensuring compliance at this stage reflects a commitment to safety and will position companies well for the approaching deadlines.

For further information and exclusive content on cosmetic regulations, becoming a COSlaw member is recommended. Contacting coslaw@obelis.net will provide additional information on membership and other inquiries.

References:

  • European Commission. (2023). Commission Regulation (EU) …/… of XXX amending Regulation (EC) No 1223/2009 of the European Parliament and of the Council as regards the use of Vitamin A, Alpha-Arbutin and Arbutin and certain substances with potential endocrine disrupting properties in cosmetic products. Retrieved on 19/06/2023

  • European Commission. (2023). Annex to the Commission Regulation …/… Retrieved on 19/06/2023

  • WTO. (2023). Notification G/TBT/N/EU986. Retrieved on 19/06/2023

  • SCCS. (2022). Revision of the scientific opinion (SCCS/1576/16) on vitamin A (Retinol, Retinyl Acetate, Retinyl Palmitate). Retrieved on 19/06/2023

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