As of March 1, 2022, two common cosmetic ingredients are banned for use in the EU. They are Butylphenyl Methylpropional (Lilial) and Zinc pyrithione.
Omnibus Act IV
On November 3, 2021, the European Commission published the Omnibus Act IV (Regulation (EU) 2021/1902) that foresees the prohibition of 23 cosmetic ingredients. Among them there are Lilial and Zinc pyrithione.
The bans apply as of March 1, 2022. As of that date, cosmetics that contain these ingredients:
– Cannot be placed on the EU market anymore;
– Must be removed from shelves if already on the EU market.
The European Commission has prohibited these ingredients because they were classified as CMR substances in the 15th Adaptation to Technical Progress (ATP)*. In particular, Lilial and Zinc pyrithione have been identified as CMR of category 1B. They are presumed to be toxic for reproduction based on animal studies.
The bans in GB and NI
Currently, the bans do not apply in Great Britain. However, Article 15 of the UK Cosmetics Regulation envisages the ban of CMR substances in cosmetics. Since the 15th ATP was adopted before Brexit, GB will probably prohibit these substances in the near future. Nonetheless, the process to transpose the CMR substances from the CLP Regulation into the UK Cosmetics Regulation is still under development.
On the other hand, in Northern Ireland, where the EU Cosmetics Regulation fully applies, Lilial, Zinc pyrithione, and the other ingredients are prohibited for use as of March 1, 2022.
What to expect?
The CLP Regulation is updated regularly. In light of this, Omnibus Acts are continuously adopted as well. The European Commission will likely publish the next Omnibus Act in September 2022, and it will apply to a list of ingredients already as of December 17, 2022.
*. The ATP is the act by which the European Commission updates the CMR substances listed in the CLP Regulation.
Take action now and reformulate your cosmetics that contain any of the substances mentioned in this article.
Francesca SANTACATTERINA
Publishing Department
23/03/2022