Some substances have been withdrawn
Cosmetics should care for the body, ensure well-being and make people more beautiful. Therefore, there are strict regulations as to which substances may not be used at all or only to a limited extent in care products. The regulations are uniform throughout the EU and can be found in Regulation (EC) No. 1223/2009 on cosmetic products, for short the Cosmetics Regulation. The regulation has eight annexes, of which Annexes II to VI refer to substances that may be used in cosmetics with restrictions or are even prohibited. The lists are adjusted as soon as scientific knowledge about substances changes. The changes are initiated by the inclusion of ingredients in Table 3 of Annex VI of Regulation (EC) No 1272/2008 (CLP Regulation for short). The CLP Regulation is an EU chemicals regulation that outlines the classification, labelling and packaging of substances and mixtures. Said Table 3 contains the harmonised classifications and labels of hazardous substances.
On 31 August 2021, the 15th ATP (Adaptation to Technical Progress) to the CLP Regulation came into force, its application deadline was the1 March 2022. In the course of this, the list of substances in Annex VI was extended and updated. Some substances were newly classified as carcinogenic, mutagenic or toxic to reproduction (CMR substances from Carcinogenic, Mutagenic and toxic to Reproduction). In the EU Cosmetics Regulation, the substance lists in the annexes were adjusted accordingly, so that the use of 23 CMR substances in cosmetic products has also been prohibited since 1 March 2022.
Whether a substance has CMR effects in humans is not always clearly established. Depending on the level of evidence of their CMR properties, substances are assigned to categories 1A, 1B or 2 under the CLP Regulation:
The individual categories thus refer exclusively to how certain a CMR effect on humans has been proven to be. However, the classification says nothing about how strong the Potenzial CMR effect is. For example, a carcinogenic substance in category 2 can already have an effect at lower concentrations than a substance in category 1A.
Article 15 of the Cosmetics Regulation stipulates that substances classified as CMR substances of category 1A, 1B or 2 in Table 3 of Annex VI of the CLP Regulation may not be used in cosmetic products. However, exemptions are possible under the conditions laid down in Article 15. For example, a category 2 CMR substance may be used in cosmetics if it has been found safe for use in cosmetic products by the Scientific Committee on Consumer Safety (SCCS). In exceptional cases, even CMR substances of categories 1A or 1B may be used. The conditions include that the substances must meet the food safety requirements according to the Basic Food Regulation and that the SCCS has found them safe for use in cosmetic products according to strict criteria.
However, manufacturers are then responsible for labelling the products accordingly. The exemptions are routinely reviewed every five years after substances have been included in Annexes III to VI. In case of safety concerns, the SCCS also re-evaluates the respective substances on an ad hoc basis.
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