Clarification on the Definition of Nanomaterial and Cosmetic Ingredients

At the present time, the only applicable and legally binding definition of nanomaterial for cosmetic ingredients is in Article 2 of the UK and EU Cosmetics Regulations:

“an insoluble or biopersistant and intentionally manufactured material with one or more external dimensions, or an internal structure on the scale from 1 to 100nm”.

There are also

• a horizontal definition of nanomaterial, which applies horizontally to nanomaterials; however, this does not takes precedence over the cosmetic specific definition for nanomaterials used in cosmetic products;
• a stricter interpretation of the nanomaterial definition by the French authorities; however, this is only applicable to the French market and does not takes precedence over the cosmetic specific definition for nanomaterials used in cosmetic products.

Therefore, it is important to keep in mind that cosmetic ingredients must follow the nanomaterial definition as per Article 2 of the UK and EU Cosmetics Regulations for the present time. 

Upcoming changes

No change is foreseen in the near future under the UK Cosmetics Regulation for the GB market; CTPA will alert companies of any developments on this matter.

 

In the EU, the revision of the EU Cosmetic Products Regulation (CPR) will implement the horizontal definition of nanomaterial.  The revision of the CPR is a lengthy process, a first draft of the regulation is expected in Q4 2023 and it will then go through the relevant legislative processes.  Furthermore, transition periods are likely to apply, especially considering the fact that some colorants and UV filters will be classed as nanomaterials under the new horizontal definition, but they will need to go through the assessment of the Scientific Committee on Consumer Safety (SCCS) in order to be included as nanomaterials in relevant Annex of the CPR.  CTPA will alert companies of any developments on this matter too.