Published in May 2025, Omnibus Act VII amends the list of prohibited substances of the EU Cosmetics Regulation. The update introduces a ban on 22 substances now classified as CMRs (carcinogenic, mutagenic or toxic for reproduction substances). Among the 22 substances, there is Trimethylbenzoyl Diphenylphosphine Oxide (TPO), an ingredient widely used in nailcare. The ban takes effect on 1 September 2025 in the European Union.
In August 2025, the European Commission provided a Q&A on the use of this ingredient.
EU regulatory status of TPO in nail products
Commission Delegated Regulation 2024/197 under the CLP Regulation (EU Regulation on Classification, Labelling and Packaging) classifies TPO as a CMR category 1B reproductive toxicant. Consequently, TPO is now part of Annex II (the list of prohibited substances) of the EU Cosmetics Regulation through Commission Regulation (EU) 2025/877.
The Commission does not permit the use of this ingredient unless a derogation under Article 15(2) is granted. However, according to the Commission nobody submitted a derogation request for TPO before the adoption of Regulation (EU) 2025/877.
Use of TPO after 1 September 2025
From 1 September 2025, it is prohibited to place and make available cosmetics containing TPO on the market. “Placing on the market” means the first time a product is supplied for distribution, consumption, or use. “Making available on the market” means any supply of a product for distribution, consumption, or use on the EU market in the course of a commercial activity (whether free or not).
How does this apply to professionals?
In the EU, professionals having products with TPO in their salons or similar cannot neither use these products nor give them away. For instance, a nail technician cannot use on clients a product containing TPO as of 1 September 2025, regardless of the product purchase date.
Consequently, the Commission clarifies that companies and professionals should:
- Discontinue sale, supply, and professional use of TPO-containing products by 1 September 2025
- Withdraw remaining stock
- Seek compliant alternatives from their suppliers
- For future substances of concern, monitor regulatory developments early enough. For this ban on TPO, discussions started as early as March 2024.
Interestingly, the UK Cosmetic, Toiletry and Perfumery Association Limited (CTPA) has a different interpretation of the ban application to salons and nail technicians. The CTPA argues that salons, nail technicians, and other professionals should still be able to use the products purchased, although they cannot buy them from the distributor after 1 September 2025.
The European Commission clearly explained this point in the Q&A and therefore, professionals should adhere to this clarification.
To never miss a regulatory update, subscribe to COSlaw (free membership). For any questions on formula compliance, bans, and provisions, contact COSlaw Team here or at coslaw@obelis.net.
References:
European Commission (2025). TPO in Nail Products – Questions & Answers. Retrieved on 26/08/2025.
Leave a Reply