EU cosmetics banned substances: the annexes, the CMR rule and the dates from 2025

The Cosmetics Regulation, Regulation (EC) No 1223/2009Regulation (EC) No 1223/2009, Cosmetic Products RegulationThe whole regulationClick opens the law on the EU Publications Office., keeps its substance rules in five annexes. A cosmetic product may not contain a substance from Annex II, a substance from Annex III outside its limits, or a colorant, preservative or UV filter that the Regulation does not list (Art. 14(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 14, paragraph 1Click opens the article on EUR-Lex.). The Commission adds to the annexes often: the last amending act, Regulation (EU) 2026/909, was adopted on 27 April 2026.

How the five annexes divide the substances

Three points on how they work together:

• The group names are definitions. A colorant is a substance exclusively or mainly meant to colour the product or the body, a preservative one exclusively or mainly meant to inhibit micro-organisms in the product, a UV filter one exclusively or mainly meant to protect the skin against UV radiation (Art. 2(1)(l)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 2, paragraph 1, point (l)Click opens the article on EUR-Lex., Art. 2(1)(m)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 2, paragraph 1, point (m)Click opens the article on EUR-Lex., Art. 2(1)(n)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 2, paragraph 1, point (n)Click opens the article on EUR-Lex.). A substance that sits on Annex IV, V or VI but is used for another purpose must still meet that entry’s conditions (Art. 14(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 14, paragraph 1Click opens the article on EUR-Lex., points (c)(ii), (d)(ii), (e)(ii)).
• The annexes do not cover nanomaterials unless they say so. Annexes III to VI list a substance in its ordinary form; a nano form is regulated only where the entry names it, as Annex III does for Hydroxyapatite (nano) (Preamble to Annexes II to VI, point 3; Annex III entry 372).
• An ordinary ingredient has no approval list. Art. 14(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 14, paragraph 1Click opens the article on EUR-Lex. sets lists for the prohibited, the restricted and the three allowed groups. Every other ingredient is judged by the safety duty of Art. 3Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 3Click opens the article on EUR-Lex. and the safety assessment of the cosmetic product safety report.

Annex V also carries a labelling rule. A product with an ingredient that releases formaldehyde must say “releases formaldehyde” when the formaldehyde released exceeds 0.001% (10 ppm) (Annex V, Preamble point 2). Products that complied with the Regulation as it applied on 30 July 2022 could be placed on the market until 31 July 2024 and made available until 31 July 2026. Both dates have passed.

The entries are read in the Official Journal acts that amended them. The consolidated text of 18 May 2026 puts them in one place and says of itself that it is a documentation tool with no legal effect. The Commission’s list of amendments names Regulation (EU) 2026/909 as the newest. No later act amending Regulation (EC) No 1223/2009Regulation (EC) No 1223/2009, Cosmetic Products RegulationThe whole regulationClick opens the law on the EU Publications Office. was in the Publications Office index on 6 October 2026.

The CMR rule of Article 15 reaches the annexes in rounds

Art. 15Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15Click opens the article on EUR-Lex. prohibits two groups:

• Category 2 substances. A substance classified as carcinogenic, mutagenic or toxic for reproduction of category 2 in Part 3 of Annex VI to the CLP Regulation is prohibited. It may still be used where the Scientific Committee on Consumer Safety (SCCS) has evaluated it and found it safe in cosmetics (Art. 15(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15, paragraph 1Click opens the article on EUR-Lex.).
• Category 1A and 1B substances. They are prohibited, and used by exception only when all four conditions are met: the substance complies with the food safety requirements of Regulation (EC) No 178/2002Regulation (EC) No 178/2002, General Food LawThe whole regulationClick opens the law on the EU Publications Office.; an analysis of alternatives documents that no suitable alternative exists; the application is for a particular use of the product category with a known exposure; and the SCCS has evaluated it and found it safe, taking overall exposure and vulnerable groups into account (Art. 15(2)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15, paragraph 2Click opens the article on EUR-Lex., points (a) to (d)).

The Commission then amends the annexes within 15 months of the substance’s entry in Part 3 of Annex VI to CLP (Art. 15(2)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15, paragraph 2Click opens the article on EUR-Lex.). It copies each prohibited CMR substance into Annex II, takes it out of Annexes III to VI where it sat, and writes in an exception where the SCCS found one safe. The Commission’s reason is a uniform ban across the market and legal certainty for operators (Reg. (EU) 2025/877, recital 3). Each of these acts applies from the same day as the CLP classification it follows, and none carries a sell-off date:

The next round has a date and no cosmetics act yet. Delegated Regulation (EU) 2025/1222 adds classifications to Part 3 of Annex VI to CLP, among them category 1A, 1B and 2 entries, and applies from 1 February 2027. The Publications Office index showed no Cosmetics Regulation act following it on 6 October 2026.

Nanomaterials have their own ban list and a six-month notice

A nanomaterial is an insoluble or biopersistent, intentionally manufactured material with one or more external dimensions, or an internal structure, from 1 to 100 nm (Art. 2(1)(k)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 2, paragraph 1, point (k)Click opens the article on EUR-Lex.). For every cosmetic that contains one, a high level of protection must be ensured (Art. 16(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16, paragraph 1Click opens the article on EUR-Lex.). Three things follow:

• The ban entries. Regulation (EU) 2024/858 put the nano forms of Styrene/Acrylates copolymer, Sodium Styrene/Acrylates copolymer, copper, colloidal silver, gold and platinum in Annex II (entries 1725 to 1729). Products with them could not be placed on the market from 1 February 2025 and cannot be made available from 1 November 2025. Regulation (EU) 2026/78 later replaced entry 1727 to cover silver (nano) and silver (massive) from 1 May 2026.
• The one restriction. Hydroxyapatite (nano) is allowed only in toothpaste up to 10% and in mouthwash up to 0.465%, with the particle characteristics set out in Annex III entry 372.
• The notice. A product with nanomaterials is notified to the Commission six months before it goes on the market, in addition to the ordinary notification, unless it meets the conditions of Annex III. The notice does not apply to nanomaterials used as colorants, UV filters or preservatives (Art. 16(2)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16, paragraph 2Click opens the article on EUR-Lex., Art. 16(3)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16, paragraph 3Click opens the article on EUR-Lex.). The CPNP notification guide covers the portal.

Lilial and TPO are the bans that Safety Gate alerts name for cosmetics

The Commission’s Safety Gate report for 2025 says cosmetics are the most notified product category for the third year, 36% of validated alerts, and chemical risk the most notified risk, 53%. Of the alerts for chemical risk in cosmetics, 77% were caused by 2-(4-tert-butylbenzyl) propionaldehyde, BMHCA, “also known as ‘Lilial’”: 1,278 alerts in 2025. The report adds that the prohibition applies to cosmetic products marketed before March 2022 as well. The consolidated text agrees: Annex II entry 1666 has no date footnote, and no article gives a sell-off period.

National authorities also started notifying nail polish with TPO “just after it was banned in cosmetic products in September 2025”, 60 alerts since then (Safety Gate report 2025). The act that banned it had no sell-off clause (Reg. (EU) 2025/877, Art. 2). The report also describes a crawler that finds notified products still on sale or reappearing in web shops and online marketplaces.

The changes in force and ahead, by date

“Placed” is the first supply by the manufacturer or importer; “made available” is any supply, including yours. Where the table gives one date, the entry has no transition, except the PFHxA row, where stock placed on the market before the date is exempt. The microplastics rows of 2027, 2029 and 2035 end the placing on the market only; the entry gives no exemption for earlier stock.

Benzyl Salicylate and Citral are fragrance allergens; the limits and the labelling dates are in fragrance allergens. The two corrigenda to Regulation 2026/909 renumbered entries: the act numbers Triphenyl Phosphate 1752, and the consolidated text numbers it 1767. Search by CAS number, 115-86-6, and the entry follows.

REACH restrictions reach cosmetics too

A few REACH restrictions name cosmetic products. They sit in Annex XVII to REACH, not in the Cosmetics Regulation, and the REACH Annex XVII guide owns them:

• PFHxA, its salts and related substances: cosmetic products from 10 October 2026; stock placed on the market before that date is exempt (Reg. (EU) 2024/2462, entry 79, paragraph 1, point (e), and paragraph 7).
• D4 and D5 in wash-off cosmetics since 1 February 2020 (the entry applies after 31 January 2020); D4, D5 and D6 in every other cosmetic product, which includes D6 in wash-off products, after 6 June 2027 (Reg. (EU) 2024/1328, entry 70, paragraph 3).
• Synthetic polymer microparticles: microbeads, the abrasive ones, in rinse-off, lip, nail and make-up products since 17 October 2023; later dates by product type, for products without microbeads, from 17 October 2027 to 17 October 2035 (Reg. (EU) 2023/2055, entry 78, paragraph 6). From 17 October 2029 fragrance-encapsulating microparticles and most leave-on products are caught; from 17 October 2031 until 16 October 2035 lip, nail and make-up products without microbeads carry “This product contains microplastics.” (paragraph 9).

CosIng is an information tool, not law

CosIng is the Commission’s database of cosmetic ingredient names and numbers. The Commission states its status on its CosIng page:

Please note that CosIng database has informative purpose and no legal value.

CosIng is a non-legally binding information database. It provides information on cosmetic ingredients but does not, in itself, determine their regulatory status. Only Regulation (EC) No 1223/2009Regulation (EC) No 1223/2009, Cosmetic Products RegulationThe whole regulationClick opens the law on the EU Publications Office. and its Annexes establish whether, and under which conditions, substances may be used in cosmetic products.

An ingredient with an INCI name in CosIng “does not mean it is to be used in cosmetic products nor approved for such use”. A product is held to the annexes as the Official Journal acts amend them. CAS, EINECS and ELINCS numbers can be searched in CosIng; the entry in the annex is the answer.

Who owes what

What happens if you do nothing

A product with a prohibited substance, or one outside an annex entry, breaches Art. 14Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 14Click opens the article on EUR-Lex., Art. 15Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15Click opens the article on EUR-Lex. or Art. 16Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16Click opens the article on EUR-Lex.. The authority requires the responsible person to take all appropriate measures, bringing the product into conformity, withdrawing it or recalling it, within a time limit it sets (Art. 25(1)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 25, paragraph 1Click opens the article on EUR-Lex., points (e) and (f)). The responsible person makes sure this is done for every product concerned on the EU market (Art. 25(3)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 25, paragraph 3Click opens the article on EUR-Lex.). Where an immediate action is needed for a serious risk, or the responsible person does not act in time, the authority itself prohibits, restricts, withdraws or recalls the product (Art. 25(5)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 25, paragraph 5Click opens the article on EUR-Lex.). A distributor that sells on faces the same measures (Art. 26Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 26Click opens the article on EUR-Lex.). Where there is serious doubt about a substance, an authority may require the responsible person to list every product that contains it, with the concentration (Art. 24Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 24Click opens the article on EUR-Lex.). Each EU country sets the penalties, which must be effective, proportionate and dissuasive (Art. 37Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 37Click opens the article on EUR-Lex.). The Safety Gate report counts 4,671 validated alerts in 2025, and cosmetics are the largest product category.

What is agreed but not yet law

On 8 July 2025 the Commission proposed amending the Cosmetics Regulation (COM(2025) 531). For CMR substances it would change Art. 15Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15Click opens the article on EUR-Lex., among other changes, as follows:

• an exception request would be due at the latest three months after the CLP amendment enters into force;
• the criteria would be cut to two for category 1A and 1B: no suitable alternative, and the SCCS found it safe for a particular use;
• a substance that is CMR only through the oral or inhalation route would not be banned on that ground; the Commission would ask the SCCS about it;
• a cosmetic product containing a newly banned CMR substance could be placed on the market for 12 months and made available for 24 months after the relevant amendments to the annexes enter into force.

It would also remove the six-month notification of nanomaterials in Art. 16(3)Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16, paragraph 3Click opens the article on EUR-Lex.. Parliament and Council negotiators reached a political agreement on 16 June 2026. It still awaits the legal-linguistic revision, formal adoption and publication in the Official Journal. The Parliament’s summary says the agreement sets shorter and more differentiated phase-out periods for cosmetics containing CMR substances, rejects the exposure-route exemptions for CMR substances and reinstates notification for nanomaterials in cosmetics (European Parliament Legislative Train). It is not law. In the consolidated text of 18 May 2026, Articles 15Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15Click opens the article on EUR-Lex. and 16Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 16Click opens the article on EUR-Lex. read as set out above, and no CMR ban has a general sell-off period.

What the law leaves open

• Whether the Article 15 ban bites before Annex II is amended. Art. 15Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 15Click opens the article on EUR-Lex. states that the use of a CMR substance “shall be prohibited”, and the Commission has so far amended the annexes with the classification’s own start date. For the 1 February 2027 classification, no amending act is published. Meanwhile: treat a substance newly classified in Part 3 of Annex VI to CLP as prohibited from the day the classification applies.
• A sell-off period for a ban without a footnote. No article of the Regulation gives a transition to a ban whose entry carries no date footnote, and Lilial and TPO have none. Meanwhile: do not sell a product that contains either.
• How much is “small” and “technically unavoidable”. Art. 17Regulation (EC) No 1223/2009, Cosmetic Products RegulationArticle 17Click opens the article on EUR-Lex. allows a small quantity of a prohibited substance from impurities, the manufacturing process, storage or migration from packaging, and sets no number. The Commission sets one only where an entry names it, as for Di-n-hexyl phthalate in DHHB, 10 ppm. Meanwhile: document why the quantity could not be avoided in the safety report.
• Silver (nano) dates after the 2026 replacement. Entry 1727 was first added with 1 February 2025 and 1 November 2025 dates and then replaced; the consolidated entry carries no footnote. Both earlier dates are past, so the nano form is banned either way, from 1 May 2026 at the latest.

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