Consumers are not the only ones who are pushing for more sustainable practices in the cosmetic industry, regulators are joining in too. In fact, there is a great deal of change happening at a regulatory level as environmental safety criteria are becoming more important to us all. Cosmetic regulations have always focused on human health, but now other regulations affecting our industry are being influenced by recent environmental studies that highlight the presence of novel pollutants in water systems as well as the human body. The sources of these pollutants are various, with the cosmetic industry being only one of the contributors.
These regulatory trends and the changes they are promoting are affecting formulators more than ever before. It means that formulators need to stay ahead of the game and think about the global regulatory longevity of the ingredients they use today.
Future 1,4 dioxane restrictions
Europe might join New York State in restricting 1,4 dioxane content in house care and personal care products;1,4 dioxane is now classified as PMT – a persistent, mobile and toxic substance – and it is on the REACH SVHC list (1). This is happening because German authorities have found 1,4 dioxane in German rivers and they are now asking for very strict restrictions on raw materials containing such a residue. The discussions are still happening, so it is too early to say what the final restrictions will be, however, it is wise to check your ethoxylated ingredients portfolio and work out a strategy for potential future restrictions ahead which may lead to necessary reformulations or higher costs in raw materials. Even ethoxylated ingredients produced via biobased ethylene oxide are affected as the chemical process is the same as the petrochemical one.
Microplastics restrictions
In Europe, these restrictions have been in the making for a few years, and during this time the legal definition of microplastics has changed, and now includes particle’s shape criteria in the definition, on top of the origin, solubility and biodegradability of the polymers (2). Nano-plastics are excluded from these restrictions.
Intentionally added microplastics, such as scrubs and loose glitters, have already been banned (3), pushing formulators towards biobased scrubbing agents and biodegradable or mineral alternatives to glitter.
The restrictions for other microplastic materials, such as rheology modifiers, film formers, opacifiers and sensory modifiers, are several years away from being implemented, however replacing these types of materials requires time and the understanding that biobased alternatives can perform well but they will never provide exactly the same performance, as their chemistry is simply different. The good news is that the marketplace is really forward-thinking meaning there are constant launches coming to market that hopefully will provide the answer to the challenge ahead.
Silicones restrictions
In Europe D4 and D5 have been restricted to a maximum concentration of 0.1% in rinse-off products, based on them being substances of very high concern with persistent, bioaccumulative and toxic properties (3); D6 will join the ban extending the list of restricted silicones in Europe. There are a few bioderived volatile alternatives available on the market and it will be interesting to see which one will become the most popular.
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PFAS global concern
The so called “forever chemicals”, a family of 1400 members, are becoming a focal point in various parts of the world, because of the long term health impact due to their constant accumulation within the environment (4). In the UK the Royal Society of Chemistry is campaigning for lower safety PFAS levels in tap water (5); in Europe, there is a proposed ban submitted by five member states (6), with a deadline of December 2025 for a final decision on the matter; in California Pro 65 lists only one substance, perfluorooctanoic acid (PFOA) (7), whereas the state of Maine (8) has passed a regulation to report intentionally added PFAS in view of a ban by 2030.
PFAS may be used in cosmetics to make water-resistant colour cosmetics, however, they may already be present in the water used for production, as they bypass conventional wastewater treatment plants, requiring more stringent water purification systems in manufacturing plants.
Sun filters under scrutiny
The French Biodiversity Agency has recently published a report on substances found on the coral reefs found in Gaudalupe, Martinique, Reunion Island and Mayotte. The report highlights hundreds of chemical substances as potentially toxic to corals. Among these substances found were microplastics and UV filters, such as oxybenzone, octinoxate and octocrylene. This might lead to the use of pictograms on the pack of finished products to prevent the release of the product in marine environments, or even to a ban of the ingredients in question; time will tell.
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Conclusions
Environmental concerns, triggered by scientific studies, are emerging and are influencing regulators all over the world to reduce and possibly eliminate the release of harmful pollutants into the environment. This means formulators need to be extra vigilant and scrupulously up-to-date with the latest environmental regulatory developments. This will affect ingredients suppliers too, because they will need to provide the relevant data to navigate the complex regulatory landscape ahead, even if the ingredients come from a country where these regulations are not enforceable. Brands with a global presence will also have to comply with more regulations than ever before, increasing the need for an harmonised global regulatory framework.
References:
1 https://echa.europa.eu/substance-information/-/substanceinfo/100.004.239\https://2
2 https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4581
3 https://echa.europa.eu/registry-of-restriction-intentions/-/dislist/details/0b0236e181a55ade
4 https://pubs.acs.org/doi/full/10.1021/acs.estlett.3c00094
5 https://www.rsc.org/news-events/articles/2023/oct/pfas-cleaning-up-uk-drinking-water/
6 https://echa.europa.eu/registry-of-restriction-intentions/-/dislist/details/0b0236e18663449b
7 https://www.p65warnings.ca.gov/fact-sheets/pfoa-perfluorooctanoic-acid
9 https://www.anses.fr/en/content/coral-reefs-french-overseas-territories
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