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April 1, 2022

EC’s Public Consultation on Targeted Revision of the Cosmetic Products Regulation Includes Review of Nanomaterial Definition

Lynn L. Bergeson Carla N. Hutton

The European Commission (EC) has begun a public consultation on how the Cosmetic Products Regulation could be improved to ensure human health and the functioning of the internal market. According to the EC, the identified shortcomings include “the lack of coherence between legislations on the definition of nanomaterials.” The EC notes that its October 2020 Chemicals Strategy for Sustainability outlines its goal to protect better the public and the environment against hazardous chemicals by encouraging innovation in developing safe and sustainable alternatives as part of the European Union (EU) Green Deal. The Chemicals Strategy calls for the EC to review the definition of nanomaterials and “ensure its coherent application across legislation using legally binding mechanisms.” The questionnaire asks whether the definition of nanomaterial in the Cosmetic Products Regulation should be updated and if the definition of nanomaterial in the Cosmetic Products Regulation should be consistent with the definition applicable to multiple sectors (i.e., a cross-sectoral definition). The public consultation is open to all stakeholders (experts and non-experts). The EC states that it welcomes contributions from citizens/consumers and professional users of cosmetic products, manufacturers, importers, distributors, and other businesses, including small- and medium-sized enterprises (SME); from industry and SME associations; from civil society organizations; and from EU member state authorities, including market surveillance authorities and customs authorities, as well as any other interested stakeholder. The public consultation will end June 21, 2022.