The Regulation (EC) No. 1223/2009 was developed to provide a high level of protection to human health for cosmetic products containing nanomaterials and the European Commission routinely requests opinions to the Scientific Committee on Consumer Safety (SCCS) whenever a concern arises regarding the safety of a particular nanomaterial.  

During 2021 and 2023 the European Commission has adopted several pieces of advice provided by SCCS on the use of the certain nanomaterials and as of 14.03.2024 has published corresponding amendments for Annexes II and III of the cosmetic regulation as follows. 

In Annex II the following entries have been added: 

  • Styrene/Acrylates Copolymer (nano), Sodium Styrene/Acrylates Copolymer (nano) (CAS No 9010-92-8) 

  • Colloidal Silver (nano) (CAS No 7440-22-4), 

  • Copper (nano) and Colloidal Copper (nano) (CAS No 7440-50-8) 

  • Gold (nano), Colloidal Gold (nano) (CAS No 7440-57-5) 

  • Gold Thioethylamino Hyaluronic Acid (nano) (CAS No 1360157-34-1) 

  • Acetyl heptapeptide-9 Colloidal gold (nano) (CAS No. not reported) 

  • Platinum (nano), Colloidal Platinum (nano) (CAS No 7440-06-4) 

From 1st February 2025 cosmetic products containing the above-mentioned substances shall not be placed on the Union market and from 1st November 2025 those shall not be made available on the Union market.

In Annex III the following entry is added: 

  • Hydroxyapatite (nano) with a maximum concentration of 10% in toothpaste and 0.465% in mouth wash. 

From 1st February 2025 cosmetic products containing Hydroxyapatite (nano) and not complying with the restrictions shall not be placed on the Union market and from 1st November 2025 such cosmetic products containing shall not be made available on the Union market. 

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