On 21 November 2024, the two-year grace period for cosmetic products to comply with the updated ASEAN Cosmetic Directive (ACD) ended. The updates were introduced during the 36th ASEAN Cosmetic Committee (ACC) meeting and its related sessions in November 2022. Products that do not meet the updated standards must be withdrawn immediately. The amendments reflect the ASEAN region’s approach to aligning with global safety standards and protecting the health of consumers in its 10 member states. 

Key Updates to the ACD  

• Annex II – List of substances which must not form part of the composition of cosmetic products 

A consolidated list of 37 substances previously banned in the EU, has been added to Annex II of the ACD. These include entries from EU regulations (2019/831, 2019/1966, 2021/850, 2021/1902) that are not currently used in ASEAN countries. Specific compounds such as perboric acid, sodium perborate, boron compounds, octamethylcyclotetrasiloxane (D4), and p-BMHCA have also been included in Annex II. 

• Titanium Dioxide Regulation 

Revised safety criteria for the use of titanium dioxide as a colouring agent (Annex IV) and as a UV filter (Annex VII) have been adopted as per EU standards. 

• Salicylic Acid Regulation 

New limits have been introduced for salicylic acid in the Restricted Substance List (Annexes III) and in the Preservatives list (Annex VI), used in body creams, lotions, and other specific applications. 

Implications for Industry 

Cosmetic manufacturers, traders, and distributors were granted a two-year grace period to reformulate, test and phase out non-compliant products. With the end of this period concluded, compliance is now mandatory, ensuring that products meet updated safety requirements. 

Detailed guidelines for compliance can be found here. 

The Ministry of Public Health and the Ministry of Industry in Thailand have jointly issued a new Ministerial Regulation under the Narcotics Code Act B.E. 2564, which establishes new labelling requirements for containers and packages containing volatile substances. Published in the Government Gazette on August 23, 2024, the regulation will take effect 120 days later and is a significant step in controlling the use and distribution of volatile substances.  

Key Updates on Volatile Substances Classification 

Earlier in January 2024, the authorities published an announcement detailing the identification and classification of chemicals and products as volatile substances. 

These include: 

1. Aliphatic and Aromatic Hydrocarbons: Such as toluene (methylbenzene). 

2. Ketones: Including acetone, methyl ethyl ketone (MEK), and methyl isobutyl ketone (MIBK). 

3. Esters: Such as ethyl acetate, methyl acetate, and butyl acetate. 

4. Volatile Alkyl Nitrites: Including amyl nitrite, isopropyl nitrite, and others. 

5. Ethers: Examples are ethylene glycol derivatives such as 2-butoxyethanol. 

Additionally, products containing these chemicals, such as thinners, lacquers, adhesives, and scientific balloons were categorized under volatile substances. This announcement reflects the government’s initiative to address the risks associated with volatile substances by clearly identifying these chemicals and their derivatives.  

New Labelling Requirements for Volatile Substances 

The Ministerial Regulation on Labelling of Volatile Substances Containers or Packages B.E. 2567 requires mandatory labelling information, including:   

• The phrase "Volatile Substance" 

• Manufacturer/importer details 

• Contents (in metric units) 

• Chemical composition 

• Instructions for use and storage 

• A bold red warning: "Do not inhale; it may be life-threatening" 

• Warning symbol featuring a black skull and crossbones within a red circle with the warning text. 

Products above 550 ml or 550 g that meet alternative legal standards are exempt from the labelling requirements. 

Regulatory Updates to Mitigate Health Risks 

The two announcements released in 2024 are designed to address the health risks associated with volatile substances, particularly inhalation abuse. By ensuring clear labelling and a comprehensive chemical classification system, the government aims to promote responsible use and protect public health. The coordinated approach by the Ministries of Public Health and Industry highlights the importance of interagency collaboration in regulatory oversight. These regulatory updates mark a significant step toward addressing the hazards posed by volatile substances, while establishing a robust legal framework for future enforcement.