UK introduces new restriction to the Cosmetics Regulation

On 6 July 2023 the UK Government published an amendment, the Cosmetic Products (Restriction of Chemical Substances) Regulations 2023, to the retained EU legislation, Regulation (EC) No 1223/2009 (the Cosmetics Regulation). The amendment is applicable in England, Scotland, and Wales and regards permitted levels of Methyl-N-methylanthranilate (M-N-MA), Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (HAA299), and HAA299 (nano).

The following restrictions regarding the fragrance ingredient M-N-MA are added to Annex 3 which is a list of substances which cosmetic products must not contain except subject to the restrictions laid down. The regulation comes into force on 6 July 2024 however a cosmetic product that is placed on the market prior to 6 July 2024 can continue to be made available on the market until 6 July 2026.

• For leave-on products the maximum threshold for M-N-MA is 0.1 % and for rinse-off products it is 0.2 %

• M-N-MA is not to be used in leave-on sunscreen products and products marketed for exposure to natural or artificial UV light

• M-N-MA should not be used with nitrosating agents

• Maximum nitrosamine content is 50 µg/kg

• Keep in nitrite-free containers

HAA299 and HAA299 (nano) are added to the list of UV filters allowed in cosmetic products (Annex 6). This regulation comes into force on 28 July 2023.

• The maximum threshold for both substances is 10 %

• In case of combined use of HAA299 and HAA299 (nano), the sum shall not exceed 10 %.

• For HAA299 (nano) only nanomaterials with a purity ≥ 97 % and a median particle size D50 (50 % of the number below this diameter): ≥ 50 nm of number size distribution are allowed.

• HAA299 (nano) is not to be used in applications that may lead to exposure of the end user’s lungs by inhalation.