Europe’s 23rd ATP of the CLP Regulation – Key Updates for the Cosmetic Industry

The European Commission has published a draft for the 23rd Adaptation to Technical Progress (ATP) of the CLP Regulation (Regulation (EC) No. 1272/2008). This update, essential to the cosmetic industry, introduces new and revised entries for classifying and labeling 32 substances, including eight relevant cosmetics.

Essential Cosmetic Substances Under Review

  1. Ozone
  2. Function: Oral care
  3. Classification: Carcinogenic, Mutagenic, and Toxic for various organs
  4. Nitrous Oxide (Dinitrogen Oxide)
  5. Function: Propellant, Fragrance
  6. Classification: Reproductive toxins, may damage organs
  7. Tetrahydrofurfuryl Methacrylate
  8. Function: Film forming
  9. Classification: Reproductive toxin and skin sensitizer
  10. Chrysanthemum Cinerariaefolium Flower Extract
  11. Function: Fragrance
  12. Classification: Toxic if inhaled and allergenic
  13. Methyl Oct-2-innate
  14. Function: Fragrance
  15. Classification: Skin sensitizer
  16. Isophorone Diisocyanate
  17. Function: Film forming
  18. Classification: Acute toxicity, respiratory sensitizer
  19. 3-Iodo-2-propynyl Butylcarbamate
  20. Function: Preservative
  21. Classification: Toxic if inhaled and severe eye damage
  22. Tetrahydrofurfuryl Methacrylate
  23. Function: Film forming
  24. Classification: Reproductive toxicity

These substances are listed in CosIng, a database of cosmetic ingredients, but are not currently banned under Annex II of the Cosmetics Regulation. However, their classification as CMR could lead to bans unless exempted by the SCCS, the Scientific Committee on Consumer Safety. This means that while these substances are not prohibited for use in cosmetics now, their classification as CMR could lead to regulatory changes in the future.

Timeline and Compliance

  • Adoption: Q4 2024
  • Implementation: 18 months post-adoption

Implications for Brands

  • Review Formulations: Assess and adjust formulations containing these substances.
  • Monitor SCCS Opinions: Exemptions may apply; stay updated.
  • Prioritize Sustainability: Align product strategies with regulatory and environmental expectations.

Next Steps

Cosmetic companies must adapt proactively by revising product formulations and ensuring compliance before the regulation takes effect. This proactive approach will ensure you are prepared and in control of the changes. Engaging with regulatory experts and staying informed will be vital to navigating these new requirements.

Stay Compliant, Stay Ahead!