On this 1 March 2022, Regulation 2021/1902, the 4th annual text to ban or regulate substances recently classified as CMR, is coming into force. In particular, it provides for a ban on Zinc pyrithione (anti-dandruff agent and preservative) and Butylphenyl methylpropional (fragrance allergen).
Regulation 2021/1902 of 29 October 2021 has been published to transpose into the cosmetics regulation the provisions of Delegated Regulation 2020/1182 of 11 August 2020, 15th ATP (Adaptation to Technical and Scientific Progress) of the CLP Regulation (Classification, Labelling and Packaging of Substances). Both texts enter into force on 1 March 2022.
Among the 23 substances thus added to Annex II (prohibited substances) of the Cosmetics Regulation are:
• Entry 1658: Silicon Carbide (abrasive agent)
• Entry 1666: Butylphenyl Methylpropional (agrance allergen)
• Entry 1668: Methoxyethyl Acrylate (film forming)
• Entry 1670: Zinc pyrithione (anti-dandruff and preservative)
Note that entry 1669 where Sodium Hydroxymethylglycinate (preservative) was listed is to be deleted by the 5th CMR Regulation, as the substance is still listed in Annex V of the Cosmetics Regulation, with new conditions of use.
As of today, cosmetic products containing these substances may no longer be placed on the market, and those that did contain them must be withdrawn.
It is up to manufacturers and Responsible Persons to take all appropriate measures to ensure compliance with these provisions, including informing their distributors and organising withdrawals of non-compliant products from the market, if not already done.
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