On April 10, 2024, the United Kingdom notified the World Trade Organization about a draft regulation amending the current UK Cosmetics Regulation. Named The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024, it is scheduled for publication on June 25, 2024. This regulation will be applicable in England, Wales, and Scotland, with the EU cosmetics regulation continuing to apply in Northern Ireland due to special post-Brexit agreements.
Specific Changes to Restricted Substances
Kojic Acid: This will be added to Annex III of the UK Cosmetics Regulation, with a maximum allowed concentration of 1% in face and hand products. The compliance deadlines are April 20, 2025, for placing cosmetics on the UK market, and August 20, 2025, for availability.
Comparatively, the EU has introduced similar restrictions coming into effect on February 1, 2025, for new products, and November 1, 2025, for products already on the market.
Prohibition of CMR Substances
Substances classified as CMR (Carcinogenic, Mutagenic, or toxic for Reproduction) under the GB CLP Regulation have been banned. In total, 52 substances have been included in this ban, a measure aligned with the European Union's actions through Omnibus Act V and VI.
However, certain chemicals banned in the EU that are not classified as CMR in the UK, such as Pentasodium Pentate, Pentetic Acid, and Pentapotassium salt, can still be used in cosmetics in the UK.
Divergences between EU and UK Cosmetic Regulations
These differences highlight some key divergences between the cosmetic regulations of the EU and the UK. While certain substances are banned in the EU, they may continue to be legally used in the UK, which could have significant implications for manufacturers and distributors in terms of product formulation and marketing.
Conclusions and Recommendations
The introduction of The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024 marks a significant change in cosmetics regulation in the UK. Industry stakeholders must be aware of these modifications and prepare adequately for the compliance dates. It is recommended to review product formulations and plan to adjust to the new restrictions.
Frequently Asked Questions
What happens to products that are already on the market?
For kojic acid, existing products can remain on the market until August 20, 2025.
How does this affect products sold in Northern Ireland?
EU regulation continues to apply in Northern Ireland, meaning EU restrictions prevail in this region.
For further information, do not hesitate to reach our team
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