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The European Commission has released two regulations pertaining to the ingredients used in cosmetic products. These regulations prohibit the use of certain substances in cosmetic products and tighten the labeling requirements for certain allergenic fragrances.
Omnibus VI Regulation (EU) 2023/1490, known as the sixth Omnibus regulation, prohibits the use of substances classified as carcinogenic, mutagenic, or toxic to reproduction (CMR substances) in cosmetic products. This regulation adds 30 new substances to Annex II (prohibited substances) of Regulation (EC) No 1223/2009 on cosmetics and updates the prohibition of one substance and its salts. These changes take effect without transition periods on December 1, 2023, affecting the placing on the market and making available on the market of cosmetic products. The absence of transition periods is due to the fact that restrictions on CMR substances in cosmetic products align with the harmonized classifications of substances under CLP Regulation (EC) No 1272/2008. The substances prohibited by Omnibus VI Regulation are based on the 18th technical adaptation of the CLP Regulation ((EU) 2022/692). This regulation came into force on August 15, 2023, and must be applied within 3 or 5 years in accordance with transition periods.
Regulation (EU) 2023/1545 amends Annex III (restrictions) of the Cosmetics Regulation 1223/2009 in such a way that it identifies new fragrance allergens whose names must be separately stated in the ingredients list of the cosmetic product. Products containing fragrance allergens now individually specified in the regulation but not compliant with the new restrictions can be placed on the market until July 31, 2026, and made available on the market until July 31, 2028. Cosmetic products containing fragrance allergens that are not compliant with the new restrictions but were compliant with the restrictions in force on August 15, 2023, can also be placed on the market until July 31, 2026, and made available on the market until July 31, 2028.
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