Search
Close this search box.
Search
Close this search box.
Search
Close this search box.

Regulation (EU) 2023/1490 Made the List of Banned Cosmetic Ingredients Longer

Regulation 2023/1490 covers substances classified as CMR substances by Regulation (EU) 2022/692, introducing 30 new entries to the list of substances prohibited in cosmetic products and extending the ban of 2-Ethylhexanoic acid to its salts.

AUTHOR: Gordana Gorinšek, MSc in Phytomedicine, Cosmetic Product Safety Assessor, Expert Consultant for Cosmetic Product Safety and Regulatory Affairs

It all started when European Commission published Regulation (EU) 2022/692 in May 2022 to amend Regulation (EC) 1272/2008 on Classification, Labelling and Packaging of Substances and Mixtures (CLP Regulation, consolidated version to March 2022).

This last amendment is the eighteenth adaptation to technical and scientific progress (ATP-18) to the CLP Regulation and contains changes to the list of chemicals falling under Annex VI to the CLP Regulation.

The revision contains changes to Table 3 of Part 3 under Annex VI ‘List of Harmonized Classification and Labelling of Hazardous Substances, adding 39 new entries of which, 12 were identified as cosmetic ingredients.

Consequently, in July 2023 European Commission published Commission Regulation (EU) 2023/1490, commonly known as Omnibus Act VI, amending Regulation (EC) 1223/2009 regarding the use in cosmetic products of certain substances classified as carcinogenic, mutagenic or toxic for reproduction, and dictates prohibition of these substances from use in cosmetic products as stated in Article 15 of Regulation (EC) No 1223/2009.

Regulation 2023/1490 covers substances classified as CMR substances by Regulation (EU) 2022/692, introducing 30 new entries to the list of substances prohibited in cosmetic products (Annex II to Regulation (EC) No 1223/2009), and extending the ban of 2-Ethylhexanoic acid to its salts.

Seven substances classified as CMR have INCI names and have not been defended by the industry:

  1. CMR1-Classified substances in cosmetics:
  • Benzophenone CAS no: 119-61-9 – Hazard Class and Category code: Carc. 1B
  • Theophylline CAS no: 58-55-9 – Hazard Class and Category code: Repr. 1B
  • Pentasodium Pentetate CAS no: 140-01-2 – Hazard Class and Category code: Repr. 1B
  • Pentetic Acid CAS no: 67-43-6 – Hazard Class and Category code: Repr. 1B
  • II. CMR2-Classified substances in cosmetics:
  • Melamine CAS no: 108-78-1 – Hazard Class and Category code: Carc. 2
  • Margosa, ext. (from the kernels of Azadirachta indica extracted with water and further processed with organic solvents) CAS no: 84696-25-3 – Hazard Class and Category code: Repr. 2
  • Trimethylolpropane Triacrylate CAS no: 15625-89-5 – Hazard Class and Category code: Carc.2

CMR substances are substances that are carcinogenic, mutagenic or toxic to reproduction (CMR). They are of specific concern due to the long term and serious effects that they may exert on human health. Under GHS (Globally Harmonized System of Classification and Labelling of Chemicals), CMR substances can be classified into 3 categories depending on the severity of hazards: 

  • Category 1A: Known human carcinogen (H340), mutagen (H350) or reproductive toxicant (H360) based on human evidence; 
  • Category 1B: Presumed human carcinogen (H340), mutagen (H350) or reproductive toxicant (H360) based on animal studies;
  • Category 2:  Suspected carcinogen (H341), mutagen (H351) or reproductive toxicant (H361) based on limited evidence from animal studies or/and human.

This documents, Regulation (EU) 2022/692 and Regulation (EU) 2023/1490 became effective on 1st December 2023 with no exceptions for the relevant substances. Regulation (EC) No 1223/2009 is amended accordingly, also effective from 1st December 2023.

Aromatični Kutak Ltd. Brune Bušića 21 Zagreb, Croatia https://pif.com.hr/ info@aromaticnikutak.hr T. +385 98 1750 934

References:

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

Commission Regulation (EU) 2023/1490 of 19 July 2023 amending Regulation (EC) No 1223/2009 of the European Parliament and of the Council as regards the use in cosmetic products of certain substances classified as carcinogenic, mutagenic or toxic for reproduction

Commission Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on Cosmetic Products

Share the Post:

Related Posts

Neurocosmetics a New and Promising Field in Skin Care

Neurocosmetics, a cutting-edge field blending neuroscience and cosmetics, is revolutionizing beauty by delving into the brain’s role in product perception. By understanding how ingredients interact with our neurological pathways, this innovative approach aims to create beauty products that not only enhance appearance but also uplift mood and bolster confidence.

Read More