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EU-updates-cosmetics-legislation

The European Union has amended Regulation (EC) No 1223/2009 on cosmetic products to introduce new restrictions and prohibitions following scientific assessments by the Scientific Committee on Consumer Safety (SCCS). These changes directly affect the formulation, marketing and documentation of numerous cosmetic products on the European market.

Regulation (EU) 2026/909: What is the objective?

Through Regulation (EU) 2026/909, the European Commission has updated Regulation (EC) Nº1223/2009 with the aim of strengthening the protection of human health. The amendment introduces adjustments to Annexes II, III, IV and V , which set out the lists of prohibited, restricted and authorised substances for use in cosmetic products.

Regulation (EU) 2026/909: What does it involve?

The regulatory update affects 12 substances used in cosmetic products, such as benzyl salicylate, certain zinc salts, some aromatic compounds and other substances present in commonly used products such as facial, body and hair cosmetics or spray products. In particular, the Regulation introduces:

  • Prohibited substances (Annex II): some substances become fully prohibited, which implies their removal from any cosmetic product once the applicable dates are reached.
  • Substances with restricted use (Annex III): other substances remain authorised but under stricter conditions, such as new maximum concentration limits, restrictions depending on the type of product (for example, spray products or prolonged-use products) or specific conditions for use in products intended for children.
  • Changes to authorised substances (Annexes IV and V): adjustments are introduced to the annexes relating to colourants and preservatives, revising the conditions under which certain substances may continue to be used in cosmetics.

Regulation (EU) 2026/909: Why?

The decisions adopted by the European Commission are based on scientific opinions issued by the SCCS, which have identified potential risks to human health associated with exposure to certain substances.

In some cases, the assessments conclude that safe use cannot be ensured under the previously authorised conditions, leading to the prohibition or restriction of their use in cosmetic products.

Regulation (EU) 2026/909: Who is affected by these changes?

This regulatory update has a direct impact on:

  • Cosmetic product manufacturers, who will need to review product formulations or progressively withdraw affected products.
  • Importers and distributors, responsible for ensuring the compliance of the products placed on the market.
  • Regulatory affairs professionals, who must update technical and compliance documentation.

As this is an amendment to an EU Regulation, its application is direct and mandatory in all EU Member States.

Regulation (EU) 2026/909: When will it enter into force?

Regulation (EU) 2026/909 enters into force in accordance with the framework established by Regulation (EC) Nº1223/2009 on cosmetic products. No single general transitional period is set; instead, the amendments to the annexes include specific application dates for each substance.

This approach allows products already manufactured to continue to be marketed for a certain period, enabling companies to manage existing stocks on the market.

In a European regulatory environment that is constantly evolving, particularly in the field of cosmetic products regulated under Regulation (EC) No 1223/2009, anticipating changes and ensuring regulatory compliance is essential. At Siam, we support companies operating in the European Union in interpreting regulatory updates, assessing their impact and adapting products to new legal requirements.