Comprehensive Guide to Microplastic Regulations in Cosmetics

On September 27, 2023, following the evaluation by the European Chemical Agency (ECHA), Commission Regulation (EU) 2023/2055 was officially published, introducing restrictions on the use of synthetic polymer microparticles, commonly known as microplastics, in cosmetic products. This regulation aims to define criteria, exceptions, and transition periods regarding microplastics to address environmental concerns.

Microplastic Restriction Criteria:

According to this regulation, microplastics include solid synthetic polymer microparticles that meet the following conditions:

1. They form particles, constitute at least 1% by weight of those particles, or build a continuous surface coating on particles.

2. Dimension criteria: Maximum 5 mm, minimum 0.1 µm (for fibers with a length exceeding 15 mm).

3. They do not result from a natural polymerization process.

4. They are not biodegradable.

5. Water solubility is below 2g/L.

6. They contain at least one carbon atom in their chemical structure.

Products containing these microplastics cannot be placed on the market as substances on their own or in concentrations equal to or greater than 0.01% by weight, as of October 17, 2023.

Exceptions and Transition Periods:

1. Derogation 4a: Exempts synthetic polymer microparticles, as substances on their own or in mixtures, for use at industrial sites.

2. Derogation 5b: Exempts synthetic polymer microparticles whose physical properties are permanently modified during intended end use, making the polymer no longer within the scope of this regulation.

Labeling Obligations:

From October 17, 2025, products benefiting from Derogation 5b must provide instructions for use and disposal to prevent releases of synthetic polymer microparticles into the environment.

1. Products where microparticles lose their characteristics during formulation may not require labeling.

2. Products with microparticles losing their characteristics during consumer use must be labeled.

General Labeling Obligations:

From October 17, 2031, lip products, nail products, and makeup products containing synthetic polymer microparticles must bear the statement: "This product contains microplastics."

Reporting Obligations for Cosmetics:

From 2027, industrial downstream users and companies placing on the market products containing microplastics must submit annual reports to ECHA, including descriptions of use, polymer identity, and estimates of released microplastics.

Transition Periods and Deadlines:

1. October 17, 2023: Ban on microbeads in rinse-off products, lip products, nail products, and makeup products.

2. October 17, 2027: Ban on all microplastics in rinse-off products.

3. October 17, 2035: Ban on all microplastics in lip products, nail products, and makeup products.

4. October 17, 2029: Ban on all microplastics in other cosmetic products and for fragrance encapsulation.

Conclusion:

This regulation signifies a significant shift in the cosmetic industry towards sustainability. Industry stakeholders are urged to comply with the ban on microplastics, adhere to labeling requirements, and meet reporting obligations to contribute to environmental conservation.