UK to amend permitted levels of BHT in personal care products

On 27 October 2023, the UK Department for Business and Trade notified the World Trade Organisation (WTO) of an amendment to the Cosmetics Regulation to change the permitted levels for the use of butylated hydroxytoluene (BHT) in personal care products such as toothpaste and mouthwash. The notification is open for comments for 60 days.

Cosmetics Regulation

The Cosmetics Regulation (1223/2009) contains technical annexes that set out restrictions and prohibitions on the use of certain chemicals. The UK Government has the authority to amend these annexes under certain conditions. The aim of this measure is to ensure that only cosmetic products that are considered safe can be placed on the market in Great Britain (i.e. England, Scotland and Wales).

The amendment

The decision to amend the regulations to change the permissible levels of BHT in various cosmetic products comes after careful consideration of expert advice from the Scientific Advisory Group on Chemical Safety (SAG-CS), a body responsible for providing independent scientific advice on chemical risk.

As a result of the latest assessment and recommendation from the SAG-CS, the UK Government has decided to amend the Regulation concerning the use of butylated hydroxytoluene (BHT), an antioxidant and preservative commonly used in cosmetics. The new amendment allows the use of BHT up to a maximum concentration of 0.1% in toothpastes, 0.001% in mouthwashes and other leave-on oral care products, and 0.8% in all other cosmetic products.

This decision to adjust the permitted levels of BHT in various cosmetic products is in line with the objective of ensuring that only safe cosmetic products are placed on the GB market. It reflects a balance between the use of the chemical and safety considerations for consumers.

Timeline

The proposed date for adoption of the amendment is 16 January 2024. Cosmetic products containing BHT that were already on the market before 6 October 2024, will be allowed to remain on the market until 6 February 2025.