Regulation 2022/1181 of 8 July 2022, published in the Official Journal of the European Union on 11 July, amends the preamble of Annex V (authorised preservatives) to Cosmetics Regulation 1223/2009. It defines the new threshold for labelling the presence of formaldehyde releasers, to be respected from 31 July 2024.
The “Whereas” of Regulation 2022/1181
(1) The substance formaldehyde (CAS No.50-00-0, EC No.200-001-8) has been classified as a carcinogen (Category 1B) and a skin sensitizer (Category 1) in Part 3 of Annex VI to Regulation (EC) No.1272/2008 (2). According to Article 15 of Regulation (EC) No.1223/2009, substances classified as carcinogenic of category 1B in that Annex are to be prohibited from use in cosmetic products. Therefore, the use of formaldehyde as such has been prohibited in cosmetic products and is currently listed in entry 1577 of Annex II to Regulation (EC) No.1223/2009.
(2) Annex V to Regulation (EC) No.1223/2009 contains a list of substances allowed for use in cosmetic products as preservatives. Certain of those preservatives are gradually releasing formaldehyde in order to fulfil a preserving function in the final cosmetic product (so called formaldehyde releasers). Formaldehyde releasers are used in both leave-on and rinse-off cosmetic products.
(3) In order to inform consumers sensitised to formaldehyde about the presence of formaldehyde that may trigger an allergic reaction, it is set out in point 2 of the preamble of Annex V to Regulation (EC) No.1223/2009 that all finished products containing substances which are listed in that Annex and which release formaldehyde …
