New banned substances

Today a short post about new banned substances. Once again, there have been changes in the cosmetics law introducing a ban on the use of certain substances in cosmetics. All this thanks to the new Commission Regulation (EU) 2023/1490 of 19 July, 2023. So what substances will be banned? You can read about it below.


What substances?

First, a few words of introduction as a reminder. The list of substances prohibited in cosmetic products is included in the Annex II of the Regulation 1223/2009. And this is the annex that is most often updated by the new law. In the vast majority of cases, new CMR substances – classified as carcinogenic, mutagenic or toxic to reproduction – are added to the list of banned substances. If such substances are classified as CMR under Delegated Regulation (EU) 2022/692, the so-called 18 ATP to CLP and at the same time the cosmetics industry does not take defensive measures for them, then they are automatically banned.

Currently, as many as 30 new substances will be included in Annex II, including:

• Ammonium Bromide,

• Tellurium Dioxide,

• Cumene,

• Benzophenone,

• Theophylline,

• Melamine,

• Margosa, ext. (from the kernels of Azadirachta indica extracted with water and further processed with organic solvents),

• Trimethylolpropane Triacrylate,

• Pentetic Acid,

• Pentasodium Pentetate.

An interesting example here is theophylline, which is an alkaloid naturally found in cocoa beans and tea leaves. It has been classified as toxic to reproduction (Repr. 1B), and thus – it will be banned in cosmetics. It is worth realizing that we will still be able to consume theophylline, e.g. by drinking tea, but it will not be used in cosmetics. This is an interesting “legislative paradox” 😉

After the update of the law, Annex II will already contain 1724 substances. In addition, entry 1024: “2-ethylhexanoic acid and its salts with the exception of those specified elsewhere in Annex VI to Regulation (EC) No 1272/2008 ” will be amended. Until now, this entry covered only 2-ethylhexanoic acid without its salts.


Change dates

The new regulation enters into force on the twentieth day after its publication, i.e. August 9, 2023, and will apply from December 1, 2023.

I encourage you to read the full text of the regulation and the full list of new banned substances at the link:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R1490

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