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February 15, 2022

EC Notifies WTO of Draft Amendment to Cosmetics Regulation to Prohibit Certain Nanomaterials

Lynn L. Bergeson Carla N. Hutton

The European Commission (EC) notified the World Trade Organization (WTO) on February 11, 2022, of a draft amendment to the Cosmetics Regulation regarding the use of certain nanomaterials in cosmetics products. The EC states that the amendment is required to enact the prohibition to use in cosmetic products certain nanomaterials for which the Scientific Committee on Consumer Safety (SCCS) identified a basis of concern. The draft amendment would revise Annex II to the Cosmetics Regulation (list of substances prohibited in cosmetic products) to implement uniformly within the internal market the prohibition to use the nanomaterials for which a basis of concern has been identified. The nanomaterials are styrene/acrylates copolymer, sodium styrene/acrylates copolymer, copper, colloidal copper, hydroxyapatite, gold, colloidal gold, gold thioethylamino hyaluronic acid, acetyl heptapeptide-9 colloidal gold, platinum, colloidal platinum, and acetyl tetrapeptide-17 colloidal platinum. The EC did not provide a proposed date of adoption or date of entry into force.