On 14 June 2023, the European Chemicals Agency (ECHA) announced that two dangerous substances had been added to the REACH Candidate List, which now contains 235 entries. They include Trimethylbenzoyl Diphenylphosphine Oxide (TPO), a cosmetic ingredient used in artificial nail systems.
Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide (No.CAS: 75980-60-8, No.CE: 278-355-8, INCI: Trimethylbenzoyl Diphenylphosphine Oxide) is currently regulated by the Cosmetics Regulation 1223/2009 in its Annex III (restricted substances), entry 311. It is therefore limited to a maximum concentration of 5.0% in artificial nail systems and reserved for professional use, following a 2014 SCCS Opinion. It is also listed in Annex VI//015-203-00-X of CLP Regulation 1272/2008 with the classification Repr. 2, H361f: Suspected of damaging fertility (causing atrophy of the testes).
ECHA added this substance to the Candidate List for the same property of “Toxic for reproduction”.
Immediate consequences
Under REACH, companies have legal obligations when their substance is included - either on its own, in mixtures or in articles - in the Candidate List.
Suppliers of articles containing a Candidate List substance above a concentration of 0.1% (weight by weight) have to give their customers and consumers information to be able to use them safely. Consumers have the right to ask suppliers whether the products they buy contain substances of very high concern.
Importers and producers of articles will have to notify ECHA if their article contains a Candidate List substance within six months from the date it has been included in the …