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Monday, August 26, 2024Regulation

A Corrigendum to Regulation (EU) 2024/858 (Nanomaterials)

Un Rectificatif au Règlement (UE) 2024/858 (Nanomatériaux)

Regulation 2024/858 of 14 March 2024 amended Annexes II (prohibited substances) and III (restricted ingredients) of European Cosmetics Regulation 1223/2009 to ban 12 ingredients in nano form and introduce new restrictions on Hydroxyapatite. A corrigendum to these restrictions has just been published in the Official Journal of the European Union on 31 July 2024.

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In addition to banning 12 ingredients in nano form, Regulation 2024/858 also provides that Hydroxyapatite:
• Is authorised only in toothpastes (maximum 10%) and mouthwashes (maximum 0.465%)
• Is authorised only in the form of rod-shaped particles of which at least 95.8% (in particle number) have an aspect ratio less than 3, and the remaining 4.2% have an aspect ratio not exceeding 4.9, not coated or surface modified
• Is prohibited in applications that may lead to exposure of the end-user’s lungs by inhalation

A few words that change everything

The note indicating the dates on which these restrictions came into force was worded as follows:
From 1 February 2025 cosmetic products containing that substance and not complying with the restrictions shall not be placed on the Union market. From 1 November 2025 cosmetic products containing that substance shall not be made available on the Union market.

The Corrigendum published at the end of July 2024 corrects this note, which should now read as follows:
From 1 February 2025 cosmetic products containing that substance and not complying with the restrictions shall not be placed on the Union market. From 1 November 2025 cosmetic products containing that substance and not complying …

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