Brexit has significantly impacted the regulatory landscape for cosmetic products. Since the end of the transition period on 31 December 2020, the UK has had to shape its own independent regulatory framework, distinct from the EU’s.
Role of the SAG-CS
Divergences began as the UK established its system for assessing and restricting cosmetic substances. Specifically, the Scientific Advisory Group on Chemical Safety of Non-Food and Non-Medicinal Consumer Products (SAG-CS) was set up mirroring the role of the EU’s Scientific Committee on Consumer Safety (SCCS). The SAG-CS provides scientific advice on the safety of substances used in cosmetics and other consumer products, and it helps guide the UK government in its decisions on ingredient bans and restrictions.
Following Brexit, the differences between UK and EU regulations initially manifested as passive divergences, characterised by delays in implementing EU restrictions. However, recent developments have highlighted active divergences, where the UK has adopted unique restrictions differentiating from the EU.
Methyl Salicylate, BHT, and CMR Substances
Three notable examples are the regulations concerning Methyl Salicylate, BHT, and CMR Substances:
- Methyl Salicylate: In March 2024, the SAG-CS issued its final opinion on Methyl Salicylate, a common ingredient in fragrances and oral care products. The UK’s stance on Methyl Salicylate includes specific concentration limits for various age groups and product types that differ from the EU’s SCCS guidelines. For instance, the UK has set lower concentration limits for children and adolescents’ products than the EU.
- BHT (Butylated Hydroxytoluene): The UK has introduced specific restrictions for BHT that differ from EU regulations. BHT will be restricted in all leave-on oral care products – a category not mentioned in the EU limitations.
- Prohibition of CMR Substances: The UK is also banning 52 substances classified as Carcinogenic, Mutagenic, or Reprotoxic (CMR) under the GB CLP Regulation. This list includes all substances prohibited by the EU through the Omnibus Act V and Omnibus Act VI. However, some chemicals banned by the EU that are not classified as CMR under the GB CLP Regulation, such as Pentasodium Pentetate, Pentetic Acid, and Pentapotassium salt, can still be used in UK cosmetics.
Environmental regulations: Scotland’s plastic ban
The environmental regulation notified in July to the WTO by the Scottish Parliament further illustrates the divergence. Scotland has proposed a ban on plastic-containing wet wipes, set to take effect by April 2026. This includes all single-use wet wipes, even those used in personal care products, like baby wipes, facial wipes, and sheet masks.
For the cosmetics industry, this is part of a larger trend towards reducing plastic waste. Similar measures will likely be introduced across the rest of the UK, highlighting its distinct regulatory trajectory.
Additional compliance requirements
Additional divergences are evident in the requirements for labelling and Cosmetics Product Safety Reports:
- Labelling: Products manufactured outside the UK must specify the country of origin, such as “Made in [Specific Country]”. The general label “Made in the EU” is not accepted. An extended transition period for UK labelling compliance is in place until 31 December 2027. During this period, products sold in the UK must comply with Article 19(1)(a) of EU rules, including indicating the name and address of the UK Responsible Person (RP).
- Safety Assessors: The Safety Assessor’s qualifications must also meet specific standards. In the UK, the Safety Assessor must have a diploma from a UK university or an equivalent recognised by the UK. The UK automatically accepts EU diplomas, but the EU does not reciprocate this recognition. Conversely, in the EU, the Safety Assessor must have a diploma from an EU university or one recognised as equivalent by an EU Member State. The EU does not automatically accept UK qualifications.
Implications for cosmetics manufacturers
Manufacturers based outside the EU or UK must appoint a responsible person in each region to ensure compliance with local regulations. Having only a UK-based or an EU-based responsible person is insufficient; manufacturers need representation in both jurisdictions. This requirement extends to EU manufacturers needing a UK-responsible person and vice versa.
Do you have questions on how to sell your cosmetics in the UK? Contact us here.
References
Legislation.gov.uk. (2024) The Cosmetic Products (Restriction of Chemical Substances) Regulations 2024. Retrieved on 16/09/2024.
Gov.scot. (2024). Ban on wet wipes containing plastic. Retrieved on 16/09/2024.
Scientific Advisory Group on Chemical Safety of Non-Food and Non-Medicinal Consumer Products (SAG-CS). (2024). Final Opinion on Methyl Salicylate in Cosmetic Products. Retrieved on 16/09/2024.
WTO. (2024). The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024. Retrieved on 16/09/2024.
Gov.uk. (2023). Scientific Advisory Group on Chemical Safety in Consumer Products. Retrieved on 16/09/2024.
Gov.uk. (2022). Planned changes to toys and cosmetics regulations. Retrieved on 16/09/2024.
Legislation.gov.uk. (2022) The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022. Retrieved on 16/09/2024.
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