April 8, 2024. On April 1, 2024, the UK issued a new Regulation restricting the use of Butylated hydroxytoluene (BHT) in cosmetic products. The new law, known as The Cosmetic Products (Restriction of Chemical Substances) Regulations 2024, adds BHT to Annex III to the UK Cosmetics Regulation – the list of restricted substances.
The amendment follows the SAG-CS opinion of February 2023 on the safety of BHT in cosmetics.
According to the new entry, BHT shall meet the following concentration limits:
- Up to 0.1% in toothpaste
- Up to 0.001% in mouthwash and leave-on oral care products
- Up to 0.8% in other leave-on and rinse-off products
Differences with the EU
BHT was restricted in the EU in 2022 with Commission Regulation (EU) 2022/2195. In the EU, BHT can be used as follows:
- Up to 0.1% in toothpaste
- Up to 0.001% in mouthwash
- Up to 0.8% in other leave-on and rinse-off products
Therefore, there is a difference between the EU and new UK restrictions. In the UK, BHT in leave-on oral care products cannot exceed 0.001%. On the other hand, in the EU, in such cases, the limit is 0.8%.
After Brexit, the Annexes to the EU and UK Cosmetic Regulations diverged. Until recently, the UK has adopted the same restrictions as the EU, with a delay of some months. Now, the UK legislator started introducing different requirements than the EU, with significant implications on the compliance of products sold in both markets.
It is worth reminding that the UK restrictions apply to England, Wales, and Scotland. Conversely, in Northern Ireland, the EU restrictions apply.
Timelines for compliance
The Cosmetic Products (Restriction of Chemical Substances) Regulations 2024 provide some time for the cosmetic industry to adapt to the new requirements. Hence, from February 24, 2025, cosmetic products cannot be placed on the UK market if they do not meet the latest limits. Cosmetic products already on the UK market can remain on shelves and be sold until June 24, 2025.
Do you want to compare the regulatory status of a substance in the EU and UK? Check our Watch-out database. Or contact Obelis Group to receive support for regulatory compliance in the EU and UK.
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