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calendar 17 August, 2026 14:39:20 IST

EU proposes new ingredient bans and tighter restrictions

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The European Commission has notified the WTO of a draft Regulation proposing significant amendments to EU Cosmetics Regulation (EC) No 1223/2009, following recent safety opinions from the Scientific Committee on Consumer Safety (SCCS) and updated CMR classifications under the CLP Regulation.

The proposal, issued on July 8, 2026, introduces new prohibitions, revised restrictions and the complete removal of remaining exemptions for mercury‑containing preservatives.

Stakeholders may submit comments until September 6, 2026, with adoption planned for Q4 2026.

New ingredient prohibitions

The draft expands Annex II (prohibited substances) by adding several ingredients deemed unsafe based on SCCS assessments. These include: Benzophenone-1, Benzophenone-2, Basic Brown 16, Basic Blue 99, and Prostaglandins and analogues.

In addition, the regulation removes all remaining derogations for Thiomersal and Phenylmercuric salts, resulting in a complete ban on mercury and mercury compounds in cosmetic products.

New and revised restrictions

The proposal updates Annex III (restricted substances) and Annex V (permitted preservatives) for ingredients where SCCS concluded that safe use is possible only under specific conditions.

Cannabidiol (CBD) is to be permitted in leave-on, rinse‑off and oral care products at a maximum concentration of 0.19% with tetrahydrocarbinol (THC) allowed only as an impurity ≤ 2.5 ppm.

Butylated Hydroxyanisole (BHA) is to be prohibited in oral care products and products with inhalation exposure, and to a maximum concentration of 0.07% in leave-on and rinse-off products.

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