December 17, 2024

In a significant move towards enhancing consumer safety, the United Kingdom has notified the World Trade Organization (WTO) of a draft amendment to the GB Cosmetics Regulation. Dated 3 October 2024, this amendment adds 13 more chemicals to the list of banned substances in cosmetic products. All these substances are classified as carcinogenic, mutagenic, or reprotoxic (CMR), marking a notable regulatory divergence from the European Union’s approach.

A Growing List of Banned Substances

The UK has shown consistent commitment to ensuring consumer safety by regulating hazardous chemicals in cosmetics. In April 2024, the UK implemented a ban on 52 CMR substances in cosmetic products. With the latest amendment, the list of banned substances has expanded further.

 These substances are banned exclusively in the UK, whereas the EU continues to permit their use. Conversely, the EU has its own list of restricted chemicals, such as Azamethiphos, Clothianidin, and 4-methylimidazole, which are not banned in the UK.

Implications for Cosmetics Brands

The divergence in regulatory frameworks between the UK and EU poses a significant challenge for cosmetic manufacturers. Brands operating in both markets must now comply with two distinct regulatory regimes, requiring careful attention to the substances banned in each jurisdiction.

To assist manufacturers, the UK has introduced compliance deadlines for the newly banned substances:

  • 20 April 2025: Final date to place products containing the newly banned substances on the UK market.
  • 20 October 2025: Final date to make such products available for sale.

Additionally, both the UK and the EU are imposing restrictions on Kojic Acid, a popular skin-lightening agent, limiting its concentration to 1% in face and hand products. Compliance deadlines for this restriction are as follows:

  • UK Deadlines:

20 June 2025 for new products.

1 November 2025 for products already on the market.

  • EU Deadlines:

2 February 2025 for new products.

1 November 2025 for products already on the market.

How Maven Can Assist

1. Comprehensive Regulatory Consultancy

  • Expert Guidance: Maven offers in-depth expertise in navigating complex regulatory frameworks, providing tailored advice on compliance with the UK and EU regulations.
  • Substance Analysis: Identifying newly banned substances like Thiophanate-methyl and Mancozeb, Maven ensures that clients have clear insights into restricted ingredients and compliance requirements across jurisdictions.

2. Reformulation Support

  • Ingredient Substitution: Maven helps brands reformulate their products by identifying safe and compliant alternatives to banned substances, ensuring product efficacy and marketability.
  • Dual-Market Compliance: Maven develops formulations that align with both UK and EU requirements, minimizing the need for separate product lines and optimizing manufacturing efficiency.

3. Deadline Compliance and Strategic Planning

  • Timely Execution: Maven assists manufacturers in meeting deadlines such as the 20 April 2025 and 20 October 2025 UK dates, as well as the EU deadlines, by coordinating reformulation, production, and distribution strategies.
  • Regulatory Roadmap: Maven provides a structured plan to help clients prioritize actions and manage transitions effectively, avoiding penalties and market disruptions.

4. Labelling and Safety Documentation

  • Regulatory Review: Maven ensures product labels and safety documentation comply with UK and EU regulations, including proper disclosure of ingredients and adherence to concentration limits (e.g., Kojic Acid at 1%).
  • Risk Assessments: Maven supports creating compliant Cosmetic Product Safety Reports (CPSRs) and hazard classifications, ensuring products meet the highest safety standards.

5. Continuous Monitoring and Futureproofing

  • Staying Ahead: Maven monitors regulatory updates and provides proactive alerts about upcoming changes, ensuring manufacturers stay compliant with evolving regulations.
  • Training and Knowledge Sharing: Maven educates clients on regulatory trends and best practices, enabling them to adapt quickly to changes in the regulatory landscape.

The Role of Regulatory Bodies

Regulatory bodies play an essential role in ensuring the safety and efficacy of cosmetic products. Their efforts help protect consumers from harmful substances while maintaining transparency and trust within the industry. In the case of the UK, its post-Brexit independence has allowed it to establish a distinct regulatory framework tailored to its specific safety priorities. Regulatory bodies achieve this by:

  • Monitoring and Assessing Risks: Authorities like the UK’s Office for Product Safety and Standards (OPSS) continuously evaluate scientific evidence to identify and restrict hazardous substances.
  • Establishing Clear Standards: By creating explicit guidelines, they ensure that manufacturers have a clear roadmap for compliance.
  • Enforcing Compliance: Regulatory agencies conduct audits and inspections to ensure that companies adhere to the established rules, applying penalties where necessary.
  • Facilitating Industry Adaptation: Through public consultations and regulatory notifications, such as the WTO draft amendment, they provide stakeholders with adequate preparation time.

Conclusion

The UK’s regulatory updates underscore its commitment to consumer safety and its evolving stance on cosmetic product safety standards. These changes present both challenges and opportunities for manufacturers operating in the UK and EU. By leveraging professional support like Maven’s comprehensive services, cosmetic brands can navigate these complex requirements efficiently, ensuring compliance, maintaining consumer trust, and sustaining market presence.