On 10 November 2022, Regulation (EU) 2022/2195 was published in the Official Journal of the European Union amending Regulation (EC) No 1223/2009 regarding the use of Butylated Hydroxytoluene (BHT), Acid Yellow 3, Homosalate, and HAA299 in cosmetic products and correcting that Regulation as regards the use of Resorcinol in cosmetic products.
In light of SCCS opinions for BHT (SCCS/1636/21), Acid Yellow 3 (SCCS/1631/21), Homosalate (SCCS/1638/21), and HAA299 (SCCS/1634/21), European Commission amended Annex III and VI to Regulation (EC) No 1223/2009 as follows.
| INCI name | Annex | CAS no | Product type, body parts | Maximum concentration | Others |
| BHT | III/325 | 128-37-0 | a)Mouthwash b) Toothpaste c) Other leave-on and rinse-off products | a) 0,001 % b) 0,1 % c) 0,8 % | - |
| Acid Yellow 3 | III/326 | 8004-92-0 | Non-oxidative hair dye products | 0.5% | - |
| Homosalate | VI/3 | 118-56-9 | Face products with the exception of propellent spray products | 7.34% | - |
| Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine/ HAA299 | VI/33 | 919803-06-8 | - | 10% | - |
| Bis-(Diethylaminohydroxybenzoyl Benzoyl) Piperazine (nano)/ HAA299 (nano) | VI/34 | 919803-06-8 | - | 10% | Only nanomaterials having the following characteristics are allowed: * Purity ≥ 97 % * Median particle size D50 (50 % of the number below this diameter): ≥ 50 nm of number size distribution. Not to be used in applications that may lead to exposure of the end user’s lungs by inhalation. Important: In case of combined use of non-nano and nano form, the sum shall not exceed 10%. |
Regarding Resorcinol (CAS no: 108‐46‐3), European Commission corrected annex III/22 column i, point (a). Thus the last sentence is replaced by the warning ‘Do not use to dye eyelashes'.
Timeline
| INCI name | Not to be placed on the market | Not to be made available on the market |
| BHT | From 1 July 2023 | From 1 January 2024 |
| Acid Yellow 3 | From 1 July 2023 | From 1 January 2024 |
| Homosalate | From 1 January 2025 | From 1 July 2025 |
| HAA299 | No deadlines | No deadlines |
| HAA299 (nano) | No deadlines | No deadlines |
| Resorcinol | No deadlines | No deadlines |