EU member states vote to ban synthetic polymer microparticles in cosmetics, makeup and fragrances

04 May 2023 --- Member state representatives in the European Commission’s (EC) registration, evaluation, authorisation and restriction of chemicals (REACH) Committee have voted to adopt a proposal to restrict or ban synthetic polymers in cosmetics, personal care products and detergents from the European Union (EU). The ban, which will be instated after a lengthy transitional phase, applies to many products, including toothpaste, face scrubs, makeup, fragrances and air care products.

The proposed prohibition refers to solid polymers contained in microparticles with a solid polymer surface coating as a substance on their own or in a concentration equal to or greater than 0.01%. The move will result in a carbon emission reduction of approximately 500,000 metric tons of microplastics over the 20 years following the introduction of the prohibition. 

Due to significant variability in the composition, properties and dimensions of synthetic polymer microparticles, the Annex did not address specific polymers, additives or other substances that the polymers contain. Instead, polymers of a given size, dimension ratio, solid state, synthetic origin and extreme persistence in the environment were analyzed. 

A 5 mm diameter has been proposed as an upper size limit for the synthetic polymer microparticles addressed. 

In similar moves, the EC consulted the public last year about changing the list of potentially carcinogenic, mutagenic and reprotoxic chemicals.

Deadline for industryThe ban proposals apply to many businesses, manufacturers, importers and downstream users of microplastics.
A simplified timetable from the proposal’s enactment will specify a series of product-specific transitional periods intended to give the industry time to reformulate its products and substitute synthetic polymer microparticles. 

Rinse-off cosmetic products will have a four-year transitional period and waxes, polishes and air care products for five years. Fragrances and leave-on cosmetic products can transition over six years, while lip, nail and makeup products will have 12 years. 

However, to encourage the substitution of synthetic polymer microparticles in these products before the end of the transitional period, any makeup, lip and nail product placed on the market still containing synthetic polymer microparticles should bear a statement informing consumers of this fact.

Meanwhile, Cosmetics Europe set recommendations for the EC to revise the Cosmetic Products Regulation (CPR) to ensure a smoother green and digital transition for the industry. It stated that any revisions to the CPR should be collaborative, holistic and factor in the European Green Deal for coherency and consistency across legislations.

In addition to the bans, there will be labeling requirements for lip, nail and makeup products 

from eight years after the date of entry into force of the regulation up to the point of the ban.

No transitional period was proposed in banning “microbeads” found in synthetic polymer microparticles for an abrasive, including exfoliate or polish used in rinse-off cosmetic products and detergents.

A four to six-year transitional phase has been proposed for rinse-off and leave-on cosmetic products without microbeads. Synthetic polymer microparticles encapsulating fragrances will receive transitional periods of five or eight years have been considered. For detergents, waxes, polishes and air care products, a transitional period of five years was considered.

Leave-on cosmetic products such as lip and nail products will receive a six-year transitional period.

Intentionally added microplasticsAbout 42,000 metric tons of intentionally-present microplastics are estimated to be released into the environment annually by way of a variety of products.
The ban, which also focuses on intentionally added microplastics that pollute the marine environment, forms part of the EC’s 2030 targets set out in the Zero Pollution Action Plan to reduce microplastics pumped into the environment by 30%. 

The agency estimated that more than 42,000 metric tons of intentionally-present microplastics are eventually released into the environment every year. 

Intentionally-added microplastics are present in products to confer a sought-after characteristic, such as altering a product’s color, changing its texture, fluidity or bulk or altering its properties in reaction to water absorption or heat resistance. 

The current proposal does not address microparticles from industrial sites, medicinal and veterinary products, in-vitro devices, fertilizers, food additives and food because the EC considered these would be better addressed in other regulations.

The proposal will now be sent to the European Parliament and Council for consideration. It will be adopted if it goes unopposed in the coming three months. Once adopted, the draft Act will specify product-specific transitional periods to give the industry enough time to reformulate products and substitute synthetic polymer microparticles.

In other industry developments, the EC ramped up its restrictions on cosmetic substances classified as carcinogenic, mutagenic or reprotoxic with additions and amendments to its existing regulations. 

By Inga de Jong

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