On 20 October 2020, the European Commission notified a draft regulation to the World Trade Organisation proposing to amend Annex III of the EU Cosmetic Products Regulation. Dihydroxyacetone (DHA) will be added to Annex III at a maximum concentration of 6.25% as a hair dye substance in non-oxidative hair dye products and at a maximum concentration of 10% in self-tanning products. This proposal is based on the final opinion from the Scientific Committee on Consumer Safety (SCCS) in March 2020. The text of the draft Regulation and the Annex Amendments can be viewed online.
The Regulation is expected to be published in Q2/Q3 2021 with the following transition periods:
- From entry into force + six months hair dye and self-tanning products containing DHA and not complying with the restrictions shall not be placed on the Union market.
- From entry into force + nine months hair dye and self-tanning products containing DHA and not complying with the restrictions shall not be made available on the Union market.
This new Regulation will only be applicable in the EU and Northern Ireland. The UK will not automatically implement EU SCCS opinions and legislative amendments into the UK Cosmetics Regulation without independent UK scrutiny.