EU REACH revision delay raises concerns over chemical industry influence and endocrine disruptors

03 Nov 2023 --- The revision of REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation has been removed from next year’s European Commission’s (EC) agenda. In response, the European Environmental Bureau (EEB) is blaming President Ursula von der Leyen for succumbing to “pressure from the German chemicals industry.”

“By neglecting the necessary repair of REACH, the European Commission has betrayed European citizens, turning a blind eye to chemical pollution and favoring toxic industry short-term interests over citizens. It is now clear to us that the profits of the chemical industry are more important than the health of Europeans. The European Green Deal will be remembered as the European Toxic Deal,” states Tatiana Santos, head of Chemicals Policy at the nonprofit.

“We will not stand idly by as our health, environment and the future of all living beings are sacrificed for short-term toxic gains. People demand accountability. Our health, our children and our planet deserve nothing less.”

The reform of REACH was promised in the Chemicals Sustainability Strategy three years ago. EEB argues that the regulation currently does not adequately regulate harmful chemicals, such as endocrine disruptors.

“The EU and national officials often take over a decade to identify hazardous chemicals and then another decade to restrict their use,” critiques the organization. “The Commission’s proposal was initially set to be published by the end of 2022, then delayed to spring 2023, then the fourth quarter of 2023, and now it has been removed from the plans.”

In light of these developments, Personal Care Insights speaks to Pelle Moos, chemicals expert at BEUC, The European Consumer Organisation, delving into the impacts of the REACH delay on the industry.

What were the key goals of the proposed REACH reform, and how might it affect the personal care industry?
Moos: The REACH reform intends to realize the zero pollution ambition for a toxic-free environment announced in the European Green Deal. In particular, the REACH reform aims better to protect people and the environment against hazardous chemicals and to encourage innovation to develop safe and sustainable alternatives. EEB explains that reform of REACH was promised in the Chemicals Sustainability Strategy three years ago.

Together with the parallel revision of EU cosmetics legislation, the REACH reform is therefore expected to introduce new obligations on the personal care industry, for example, with respect to data requirements for endocrine disruptors, as well as opportunities to bring to market new products that meet consumer expectations for safety and sustainability.

See also this EC presentation, which outlines the specific goals for the REACH reform.

How could hurdles to the REACH reform impact the safety and sustainability of chemicals in personal care products?
Moos: Firstly, we understand that the REACH revision has not been abandoned as such but rather delayed. 

That said, the decision to postpone the reform is deeply regrettable as REACH suffers from major shortcomings, for example, with respect to preventing the harmful impacts cosmetic ingredients can have on the environment or ensuring that sufficient evidence is generated to enable effective identification of endocrine disruptors. 

Reforming REACH, therefore, remains urgent to minimize consumers’ exposure to endocrine disruptors, to better protect vulnerable groups, and to prevent harmful impacts on our environment. 

Can you explain the significance of endocrine disruptors and their potential risks in personal care products?
Moos: Scientists increasingly link endocrine disruptors to a range of severe diseases and disorders, including infertility, obesity and cancer. 

Cosmetics ingredients with endocrine-disrupting properties represent a significant potential source of cumulative consumer exposure to these harmful chemicals, including for vulnerable groups, such as pregnant and breastfeeding women, children and persons with compromised immune responses. 

As such, it is imperative that ingredients that may represent a risk to consumer health are systematically identified and their use in cosmetic products prohibited without delay.

How does the delay in identifying and restricting hazardous chemicals affect the personal care industry, and what regulatory improvements are needed?
Moos: Consumers worry about their own – and their children’s – exposure to harmful chemicals. In 2019, the Swedish consumer group Sveriges Konsumenter, for example, found that nine out of ten surveyed consumers are concerned that chemicals can harm current and future generations and the environment. The current REACH Regulation does not adequately regulate harmful chemicals, according to EEB.

The delay in reforming EU chemicals legislation neglects those concerns, which in turn can feed into growing consumer distrust in the safety of cosmetic and personal care products. To avoid this, the EU urgently needs to deliver the necessary changes for consumers, including revising REACH and EU cosmetics legislation to ensure that endocrine disruptors are banned in personal care products as soon as they are identified. 

See our specific recommendations for the reform of EU cosmetic legislation. [To reduce consumer exposure to skin sensitizers, such as fragrance allergens, enable a preventive approach and reinforce the control of online sales.]

What steps can the industry take to address chemical pollution and align with sustainability goals without the proposed REACH reform?
Moos: The 2020 Chemicals Strategy for Sustainability outlines a long-term vision for EU chemicals policy and sets clear signals for the types of chemical substances where innovation and substitution should be prioritized by industry, such as endocrine disruptors or persistent chemicals. 

The good news is that market surveys by consumer groups consistently find that such chemicals may be present in some but not in all products, which suggests that using alternatives is already possible today (e.g., Four out of ten shampoos were found to contain endocrine disruptors, allergens or PFAS, according to a recent study by The Danish Consumer Council THINK Chemicals.)

How can consumers promote responsible chemical management and safer personal care products?
Moos: Through their purchasing choices, consumers play a crucial role as a driving force for substitution and innovation in safer, sustainable alternatives — that is also why consumer groups always encourage consumers to read the ingredient list on the cosmetic products they consider buying. With the delayed REACH reform, it is now more important than ever that consumers check the label and vote with their wallets for safe and sustainable change. 

In related news, the EC was lambasted over its 2024 working program, which indicated animal rights failings and REACH revision delay. We spoke to the EC on their comments on next year’s agenda. 

By Venya Patel