EU ban on tattoo ink has artists scrambling for alternatives, UK mulls similar restrictions

06 Jan 2022 --- The UK government is investigating the purported health and safety risks of certain tattoo pigments following a large-scale ban in the EU by the European Chemical Agency (ECHA). Around two-thirds of colors ordinarily used by tattoo artists have been banned.

More than 4,000 substances commonly found in tattoo ink are prohibited from January 2022 onward.

Their safety when injected into skin has not been fully demonstrated to European Parliament, as is required by EU regulations. Although there is no scientific evidence to validate if these ingredients are unsafe, neither is there enough scientific evidence to validate that they are.

Prominent research organizations, including the European Society of Tattoo and Pigment (ESTP) research, have spoken out against the ban.

Implications of the ban
Ines Schreiver, chairlady for the ESTP spoke with PersonalCareInsights about the organization's position on the new regulations. She says the group is disappointed with the EU ruling, which came contrary to the findings of a collaborative initiative between scientists, public servants, industry members for the European Joint Research Center (JRC).

The ban was based on a lack of evidence regarding the pigments’ safety when injected into the skin.The aforementioned initiative recommended standalone legislation for tattoo pigments, rather than expanding the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulations. 

Standalone legislation could have been tailored to accommodate the tattoo industry. Further, tattoo artists may have been able to lobby for financial compensation or support to make the transition. Businesses and professionals are not entitled to any support under REACH. 

“Unfortunately, the European Commission at the time decided to not follow this recommendation, which was to implement a stand-alone legislation on tattoo inks and permanent make up,” Schreiver says. 

“Instead, the EC instructed the ECHA to draft a restriction within the REACH legislation,” she says, explaining the expansive reach of the regulation.

Red, green, blue and mixed tattoo pigments will largely disappear from UK markets if the British government chooses to follow their EU peers. 

“Nearly all ink manufacturers need to reformulate their inks with different ingredients. The performance of the inks, e.g. intensity of the color after tattooing, durability, easy to handle by tattoo artists, etc. need to be tested after reformulation, too,” Schreiver highlights.

There are currently few high-quality alternatives to the banned pigments on the market.

This has left EU tattoo artists wondering where they can legally purchase their supplies, and UK artists fearing for their livelihoods under a potential ban. 

Tattoo artists think legal alternatives are not easily available and might not be deemed vibrant enough by consumers. 

Opponents of the restrictions say there is no definitive evidence linking the use of these tattoo pigments to cancer.Thierry Breton claims the move will create an internal market for tattoo inks within the EU.

Background to the ban
In 2006, the ECHA introduced a body of regulations known as REACH. This legislation was meant to protect consumer safety by banning potentially harmful ingredients from consumer products. 

Importantly, restricted chemicals do not have to be proven dangerous; there only has to be a lack of evidence demonstrating the safety of the substances. Until the most recent ban, REACH did not cover tattoo inks.

Prior to the restrictions, EU Member States had varying laws regarding acceptable levels of certain hazardous chemicals such as azodyes and metals in tattoo ink. The new restriction homogenizes chemical safety laws across the Union, and prohibits the sale and use of the prohibited pigments.

“Criminalizing” an entire trade
According to the ESTP, the ban threatens to criminalize the tattoo industry by banning tattooing’s most important component. It also threatens the safety of consumers.

“If official tattoo studios cannot provide for the customers’ demand for colorful tattoos anymore, they may seek to get illegal tattoos or are more prone to get a “holiday” tattoo outside of the EU. If so, the health risks for customers increase dramatically due to the use of uncontrolled ink or unsafe tattoo practices,” warned Schreiver.

If faced with financial pressure, artists may even start paying less heed to safety regulations overall, or begin operating without a license. Despite disagreeing with the ruling, Schreiver emphasizes the organization’s belief in consumer safety. 

“In general, the ESTP welcomes EU-wide legislation on tattoo inks. Substances with scientific proven health effects should not be present in tattoo inks or limited to a concentration that does not harm the health calculated by a sound risk assessment,” the chairlady affirms.

By Olivia Nelson