European Cosmetics Regulation Change due to “Omnibus III”

Introduction

The European Commission has notified to the World Trade Association (WTO) the regulation project “OMNIBUS III” on the 12th of November 2020. This regulation will be adopted during the second quarter 2021 and will enter into force on the 1st October 2021. This publication implies modification of the Annexes II, III, IV and VI of the European Cosmetic Regulation. As the content is not officially published, modifications are still possible, but are highly unlikely at this stage.

Cosmetic Ingredients Prohibited (Addition to Annex II):

SubstancesCas numberEC number
Cobalt7440-48-4 231-158-0
Metaldehyde (ISO); 2,4,6,8-tetramethyl- 1,3,5,7-
tetraoxacyclooctane
108-62-3203-600-2
Methylmercuric chloride115-09-3204-064-2
Benzo[rst]pentaphene189-55-9205-877-5
Dibenzo[b,def]chrysene; dibenzo[a,h]pyrene189-64-0205-878-0
Ethanol, 2,2’-iminobis-, N- (C13-15-branched and linear
alkyl) derivs.
97925-95-6308-208-6
Cyflumetofen (ISO); 2-methoxyethyl (RS)-2- (4-tertbutylphenyl)-
2-cyano-3-oxo-3-(α,α,α-trifluoro-otolyl)
propionate
400882-07-7
Diisohexyl phthalate71850-09-4276-090-2
halosulfuron-methyl (ISO); methyl 3-chloro-5-{[(4,6-
dimethoxypyrimidin-2-yl) carbamoyl]sulfamoyl}-1- methyl-
1H-pyrazole-4- carboxylate
100784-20-1
2-methylimidazole693-98-1211-765-7
Metaflumizone (ISO);
(EZ)-2’-[2-(4-cyanophenyl)-1-(α,α,α -trifluoro-mtolyl)
ethylidene]-[4-(trifluoromethoxy)phenyl] carbanilohydrazide [E-isomer ≥ 90 %, Z-isomer ≤ 10 % relative content]; [1]
(E)-2’-[2-(4-cyanophenyl)- 1-(α,α,α -trifluoro-m-tolyl)
ethylidene]-[4-(trifluoromethoxy)phenyl]carbanilohydrazide [2]
139968-49-3 [1]
852403-68-0 [2]
Dibutylbis(pentane-2,4- dionato-O,O’)tin22673-19-4245-152-0

Cosmetic Ingredients Further Restricted (Addition to Annex III):

Salicylic Acid:

This ingredient will now be allowed to be used up to 0.5% when used for another function than preservative for the following categories of cosmetics:

  • Body Lotion
  • Eye Shadow
  • Mascara
  • Eye liner
  • Lipstick
  • Roll-on deodorant

For information, previous limitations for those categories only allowed to use salicylic up to 0.5% for preservative purpose.

For other categories and when used as preservative, previous restrictions on this ingredient remain applicable.

Titanium Dioxide

A new entry will be added on the Annex III concerning the Titanium Dioxide in powder form containing 1% or more of particles with aerodynamic diameter ≤ 10 µm.

The ingredient will be allowed to be used in the form of pigmentary, anatase and surface-treated for:

  • Face products in powder form up to 25%
  • Hair products in aerosols dispenser (spray) up to 1.4% (for general consumers)
  • Hair products in aerosols dispenser (spray) up to 1.1% (for professional use)

In what concerns the other categories of products, the ingredient will not be limited in concentration but will be prohibited when application may lead to exposure of the end-user’s lungs by inhalation.

Colorants Further Restricted (Addition to Annex IV):

Titanium Dioxide

The ingredient when used as colorant and containing 1% or more of particles with aerodynamic diameter ≤ 10 µm must comply with the new entry of the Annex III (see above) and the entry IV/143 (Respect of purity criteria as set out in Commission Directive 95/45/ (E 171) and colorant must be white).

UV Filters Further Restricted (Addition to Annex VI):

Titanium Dioxide

The ingredient when used as UV filter and containing 1% or more of particles with aerodynamic diameter ≤ 10 µm must comply with the new entry of the Annex III (see above) and the entry VI/27.

Limitation of 25% will be applied to products that are not limited in the Annex III and which contain Titanium Dioxide as UV filters. This limitation applies to the sum of any forms of titanium dioxide present in the product.

Conclusion

How Work if my Product Contains Titanium Dioxide

  1. Check the product type: Is it inhalable (powder, spray,)?
  2. If yes: check the particle size distribution below 10µm
  3. If at least 1% of the particles have a size ≤10µm:
    1. If it is a face loose powder: only in the pigmentary form at max 25%
    2. If it is a hair aerosol spray: only in the pigmentary form at max 1.4% for general consumer use and max 1.1% for professional use
    3. If it is another product that may lead to exposure of the end user’ lungs by inhalation: forbidden.
  4. Follow as usual the restrictions and purity criteria set out in annex VI/27 and VI/27a if it is used as an UV filter and in annex IV/143 if it is used as a colorant.

We hope that this letter will be of help. Should you have any question, please, feel free to contact your dedicated Account Manager. We will keep you updated in case a modification of the regulatory text would occur, even though it is highly unlikely.

Best regards,

M. Pierre Verachten

International Regulatory Supervisor

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