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It is finally here! The long-announced and awaited regulation prohibiting the use in cosmetic products, incl. lilial (INCI: Butylphenyl Methylpropional) and zinc pyrithione (INCI: Zinc Pyrithione). Therefore, Comission Regulation (EU) 2021/1902 of 29 October 2021 amends Annexes II, III and V to the Regulation (EC) No 1223/2009 of the European Parliament and of the Council with regard to the use of certain CMR substances – classified as carcinogenic, mutagenic or toxic to reproduction, in cosmetics.


Lilial

Lilial is one of the 26 fragrance allergens that is known under the names Butylphenyl Methylpropional, p-BMHCA, 2-(4-tert-butylbenzyl) propionaldehyde or Lily Aldehyde. It is an organic chemical compound from the group of aromatic aldehydes. It is characterized by a floral scent, reminiscent of cyclamen or lily of the valley. Until now, it has been one of the most popular allergens and has been found in many synthetic fragrances.

However, lilial has been shown to be toxic to reproduction. According to the CLP Regulation, it is classified as a CMR substance: Repr. 2, H361 – Suspected of damaging fertility or the unborn child. This compound was assessed by the SCCS Committee, which concluded that Butylphenyl Methylpropional cannot be considered as safe: https://ec.europa.eu/health/sites/default/files/scientific_committees/consumer_safety/docs/sccs_o_213.pdf

In connection with the above, Butylphenyl Methylpropional, under the Regulation 2021/1902, was included in the Annex II, i.e. on the list of substances banned in cosmetic products (new entry – 1666). Therefore, the entry 83 was deleted from the Annex III – the list of substances restricted by the Regulation 1223/2009, where lilial has been previously found. The ban of placing and making products with lilial available on the market will apply from March 1st, 2022.


Zinc pyrithione

Another substance that so far has been widely used in the cosmetics industry and has been classified to the CMR category is zinc pyrithione. It has been a popular anti-dandruff ingredient used in hair shampoos, regulating sebum production, antibacterial and anti-itching.

Zinc Pyrithione is currently listed in entry 8 of Annex V to Regulation 1223/2009 as a preservative allowed in rinse-off hair products in a concentration not exceeding 1% and in other rinse-off products that are not oral hygiene products at a concentration of up to 0.5%. In addition, this compound appears in entry 101 of Annex III as a restricted substance: permitted only when used for purposes other than as a preservative – in leave-on hair products at a concentration of max. 0.1%.

The substance is currently classified as CMR category 1B (toxic for reproduction). In the opinion No. SCCS / 1614/19 of March 2020, the SCCS concluded that Zinc Pyrithione can be considered safe when used as an anti-dandruff ingredient in rinse-off hair products at a maximum concentration of 1%: https://ec.europa.eu/health/sites/default/files/scientific_committees/consumer_safety/docs/sccs_o_236.pdf

However, the above SCCS opinion has not demonstrated that there are no suitable alternative anti-dandruff substances for use in rinse-off hair products. As a result, Zinc Pyrithione will disappear both from the list of restricted substances (Annex III) and from the list of preservatives allowed in cosmetic products (Annex V). Instead, it will be included in the list of prohibited substances and will be listed as entry 1670 in Annex II.


Other prohibited substances and changes

In addition to the above-mentioned key substances for the cosmetics industry, Regulation 2021/1902 also includes a number of other compounds in Annex II, such as: Silicon carbide fibres (with diameter < 3 μm, length > 5 μm and aspect ratio ≥ 3:1), 2-methoxyethyl acrylate, dichlorodioctylstannane and bis(α,α-dimethylbenzyl) peroxide. Therefore, new entries will be added to the list of banned substances – from 1658 to 1680.

What else is introduced by this Regulation?

  • In entry 24 in Annex III, the zinc pyrithione has been renumbered. It was: “Water-soluble zinc salts with the exception of zinc 4- hydroxy-benzenesulphonate (entry 25) and zinc pyrithione (entry 101 and Annex V, entry 8)“. Now it is: “Water-soluble zinc salts with the exception of zinc 4- hydroxy-benzenesulphonate (entry 25) and zinc pyrithione (Annex II, entry X)“.
  • In entry 51 of Annex V, new conditions for the use of Sodium Hydroxymethylglycinate have been added: “Not to be used if the maximum theoretical concentration of releasable formaldehyde, irrespective of the source, if the mixture as placed on the market is ≥ 0,1 % w/w”.

The entire new regulation will come into force on 1st March 2022.

You can read the content of this legal act at the link: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1902&from=EN

Lilial and zinc pyrithione banned Read More »

Summer is in full swing, and the European Commission doesn’t laze around and introduces further changes to the cosmetic law. Thus, the Commission Regulation (EU) 2021/1099 of 5 July 2021 amending Annexes II and III to the Regulation (EC) No 1223/2009 was published. The changes concern two ingredients: Deoxyarbutin (INCI: Tetrahydropyranyloxy Phenol) and Dihydroxyacetone (INCI: Dihydroxyacetone). Details below.


Deoxyarbutin

Deoxyarbutin (INCI: Tetrahydropyranyloxy Phenol) has been used as a skin lightening agent so far, e.g. in face creams. It is a derivative of ß-arbutin, obtained by removal of hydroxyl groups from the glucose side-chain of ß-arbutin.

This compound has not been covered by the Regulation (EC) No 1223/2009 so far. However, the SCCS Scientific Committee concluded that, due to safety concerns, the use of deoxyarbutin in face creams up to 3% cannot be considered safe (opinion no. SCCS/1554/15). This is due to the fact that deoxyarbutin releases Hydroquinone. On the other hand, Hydroquinone is a prohibited substance for use in cosmetics (Annex II of the Regulation 1223/2009, item 1339), with the exception of position 14 in the Annex III (it may be used only in artificial nail products under certain conditions).

All this made Tetrahydropyranyloxy Phenol (deoxyarbutin) included in the Annex II, under entry 1657. In brief, this substance will be banned for use in cosmetic products from July 26th, 2021.

Link to the SCCS opinion: https://ec.europa.eu/health/scientific_committees/consumer_safety/docs/sccs_o_183.pdf


Dihydroxyacetone

Another substance that will be regulated is Dihydroxyacetone (INCI: Dihydroxyacetone). It is a well-known tanning compound with a long history of use in self-tanning products. Every sun-kissed skin lover knows it for sure 😉

So far, the use of dihydroxyacetone has also not been regulated by cosmetic law. In opinion SCCS/1612/19, the SCCS Committee considered dihydroxyacetone safe to use as a hair colouring ingredient in leave-on (non-oxidative) applications at a maximum concentration of 6.25%. In addition, the use of dihydroxyacetone (in hair dyes) described above together with the use of self-tanning lotion and face cream containing dihydroxyacetone at a maximum concentration of 10% was also considered safe.

Based on the conclusions of the SCCS, dihydroxyacetone will be added to the Annex III of the Regulation (EC) No 1223/2009 in a new position – 322. The conditions of use of dihydroxyacetone in cosmetics will be limited to those described in the SCCS opinion, i.e. it will only be used in:

– non-oxidative hair dye products, up to a maximum concentration of 6.25%;

– self-tanning products, at the maximum concentration = 10%.

The regulation provides for a 6-month transition period for the introduction and a 9-month period for making products with this component available on the market. From 26 January 2022, products containing that substance and not complying with the restrictions shall not be placed on the Union market. Afterwards, from 22 April 2022, those products cannot be made available on the market in the Union.

You can read the SCCS opinion on dihydroxyacetone at the link: https://ec.europa.eu/health/sites/default/files/scientific_committees/consumer_safety/docs/sccs_o_234.pdf


As you can see, the changes in the cosmetic law are still progressing. Looking at the intensive works of the SCCS and the European Commission, it can be concluded that there will be more and more of them 😉 And finally, I encourage you to read the new regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1099&from=EN

Deoxyarbutin ban and dihydroxyacetone regulations Read More »

On May 26th, 2021, the COMMISSION REGULATION (EU) 2021/850 was published, amending Annexes II, III, IV and VI of the “cosmetic regulation” (1223/2009). The changes concern the conditions of use of titanium dioxide and salicylic acid, as well as the extension of Annex II by new prohibited substances. The entire Regulation can be found at the link: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0850&from=EN

And you can read about the details of the changes in the post below 🙂


TiO2 – the story continues…

Recently, there have been a lot of reports about titanium dioxide. Carc. 2 classification raised a lot of concern among consumers and triggered a need for an opinion by the SCCS on the safety of this substance in cosmetics. I wrote about the entire history of TiO2 and the details of the SCCS opinion from last year on my blog – you can read the post here: https://www.cosmeticscare.eu/en/titanium-dioxide-new-sccs-opinion/

Let us recall briefly what the main conclusions of the opinion SCCS/1617/20 were:

– The SCCS concluded that the use of pigmentary TiO2 in a conventional hair styling aerosol spray is safe up to a maximum concentration of 1.4% for general consumers and up to 1.1% for professional users – in this case: hairdressers;

– The safety assessment showed that the use of titanium white in loose powders (in a typical face makeup application) is safe for the general consumer up to a maximum concentration of 25%.

The aforementioned SCCS opinion has been reflected in cosmetic legislation, thus – in changes to Regulation 1223/2009. So, what are the changes regarding the use of titanium dioxide in cosmetics?

  • Firstly, apart from Annex IV (colourant) and VI (UV filter), titanium dioxide is also included now in the Annex III (the list of substances which cosmetic products must not contain except subject to the restrictions laid down) in the entry 321. Titanium dioxide in powder form containing 1 % or more of particles with aerodynamic diameter ≤ 10 μm can be used in the following products:

a) Face products in loose powder form – at a maximum concentration of 25%, only in the pigmentary form;

b) Hair aerosol spray products – at a maximum concentration of 1.4% for general consumers and 1.1% for professional use, only in pigmentary form;

c) Other products – not to be used in applications that may lead to exposure of the end-user’s lungs by inhalation.

  • Secondly, the conditions of TiO2 use as a colourant have changed (Annex IV). In addition to the purity requirements of this raw material, the following entry has been added to the position 143: “titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameter ≤ 10 μm, to be used in compliance with Annex III, No [321]”.
  • Finally, there is a change to Annex VI (list of UV filters allowed for use in cosmetic products), which also includes TiO2, in entry 27. It has been also added here that titanium dioxide in powder form containing at least 1% of particles with an aerodynamic diameter ≤ 10 μm must be used in accordance with Annex III.

Salicylic acid

Salicylic acid is another substance from the disgraceful CMR 2 category, which I wrote about here:https://www.cosmeticscare.eu/en/new-year-new-changes/

The latest changes for salicylic acid use have been implemented in Annex III, entry 98. Next to rinse-off hair products (a) and other products except: body lotions, eye shadows, mascaras, eyeliners, lipsticks, roll-on deodorants (b), the possibility of using this acid was added in the mentioned (c):

– body lotions,

– eye shadows,

– mascaras,

– eyeliners,

– lipsticks,

– roll-on deodorants.

The maximum concentration of salicylic acid in “category c)” cosmetics is 0.5%. Other conditions of use, including non-use in products for children under 3 years of age, in cosmetics with inhalation exposure and in the oral cavity, remain the same. It is worth noting that the maximum permitted concentrations of salicylic acid indicated in this annex cover all applications of this substance in a ready product. In other words, the total concentration of salicylic acid in the cosmetic (e.g. as a preservative and keratolytic substance) should be taken into account.


New CMR substances

Finally, we are left with new substances known to be carcinogenic, mutagenic or toxic to reproduction (CMR), which were included in the list of prohibited substances. Now Annex II includes, among others: cobalt, methylmercuric chloride, diisohexyl phthalate, 2-methylimidazole and dibutylbis(pentane-2,4- dionato-O,O’)tin. The full list of new banned substances can be found at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0850&from=EN

To sum up, the new changes in the cosmetic law concern: changes in the conditions of use of titanium dioxide and salicylic acid, as well as new prohibited substances for use in cosmetics. I know from certain sources that these are not the only changes this year. So, I encourage you to check the blog, because we will keep our finger on the pulse 🙂

Further fate of titanium dioxide and salicylic acid Read More »

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