On this 1 October 2021, two European Regulations come into force: the 14th ATP (Adaptation to Technical and scientific Progress) of the CLP Regulation (Classification, Labelling and Packaging of substances) on the one hand (Regulation 2020/217), and its translation in the cosmetic field, the 3rd CMR Regulation (Regulation 2021/850) on the other hand. Two main consequences: 12 substances are now banned, and Titanium dioxide is classified, under certain conditions, as a category 2 carcinogen by inhalation.
Published in February 2020, the Delegated Regulation (EU) 2020/217 (14th ATP of CLP) has formalised the classification as Carc.2 - H351 (inhalation) - Suspected of causing cancer by inhalation of titanium dioxide when in the form of mixtures in powder form containing 1% or more of titanium dioxide which is in the form of or incorporated in particles with aerodynamic diameter ≤ 10 μm.
This has consequences in terms of labelling of raw materials, which ECHA (Chemicals Agency) has clarified in a Guide made available in late September 2021.
New restrictions for TiO2
This ATP was transposed into cosmetic regulation by Regulation 2021/850, the 3rd annual text aiming at banning or regulating substances recently classified as CMR.
This Regulation has therefore amended Annexes III (restricted substances), IV (authorized colorants) and VI (authorized UV filters) to the Cosmetics Regulation 1223/2009, to adapt the restrictions applicable to Titanium Dioxide (TiO2) accordingly.
From now on, it must be used :
• in face products in loose powder form, only in the pigmentary form, at a maximum concentration of 25%
• in hair aerosol spray products, only in the pigmentary form, at a maximum concentration of 1.4% for general consumers, and 1.1% for …