EU Commission amends Annex III restricting hair dye and eyelash ingredients

The EU Commission has announced it will amend Annex III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products, in a move that sees a number of hair dye ingredients and one eyelash ingredient added to the list of restricted substances.

Following a series of risk assessments by the Commission's Scientific Committee on Consumer Safety (SCCS), hair dye substances will be subject to stricter maximum concentration limits and specific labelling requirements, as nine ingredients were added to Annex III.

The nine hair dye ingredients are: HC Blue No 17; HC Blue No 15; Acid Green 25; Acid Violet 43; 2-Methoxymethyl-p-Phenylenediamine/ 2-Methoxymethyl-p-Phenylenediamine Sulfate; Hydroxyanthraquinone-aminopropyl Methyl Morpholinium Methosulfate; Disperse Red 17; Acid Black 1; Pigment Red 57.

“Taking into account the final opinions given by the SCCS on the safety of individual substances, it is appropriate to limit the maximum concentrations of nine assessed hair dye substances and to list them in Annex III to Regulation (EC) No 1223/2009,” says the Commission’s statement.

“In order to better inform the consumer about possible adverse effects of hair dye use and to lower the risk of sensitisation to hair dye products among consumers, appropriate warnings should be printed on the label of oxidative hair dye products and of non-oxidative hair dye products containing hair dye substances with an extreme or strong sensitising potential.”

Eyelash amendments

As well as the changes announced for hair dye ingredients, the investigatory body also looked into a specific safety assessment for the application of thioglycolic acid and its salts on eyelashes as this had previously been excluded from the Regulation.

It concluded that the personal use by consumers at home of products intended for eyelash-waving containing thioglycolic acid and its salts is not recommended because of the risk of eye irritation during self-application, but that the ingredients should be allowed for products intended for professional use.

“The concentration of thioglycolic acid and its salts in those products is safe up to 11% when applied on eyelashes by a professional which reduces the risk of a direct contact with the eyes,” says the EC statement.

“In addition, the SCCS concluded that the use of thioglycolic acid and its salts up to 5 % is safe for use as a depilatory when used as intended. The safety of these types of cosmetic products highly depends on responsible risk management including warnings and extensive guidance for use.”

The Commission states that Annex III to Regulation (EC) No 1223/2009 should therefore be amended accordingly, with these new changes.

Manufacturers will be given 12 months to place compliant products on the market and to withdraw non-compliant ones, once the new Regulation is enforced from 10 August, 2015.