As of 17 October 2023, the European Commission's microplastics restriction went into effect, essentially banning the sale of microplastics in consumer products, including those used in cosmetics and detergents. Loose plastic glitter for uses without a transitional period, such as art and crafts, and toys, is banned as of 17 October 2023 (unless biodegradable or soluble). The purpose is not to ban all glitter but to replace plastic glitter with more environmentally friendly glitter that does not pollute the oceans. The European Commission has just published further information about the current thinking on the application of the microplastic restriction, including plastic glitter on its own and in products. However, this information will be further detailed in the Q&A document, expected to be made available by the end of 2023, following discussions with the Member States.
Is the sale of glitter completely banned as of 17 October 2023?
No, only certain types and uses of glitter are concerned, depending on what the glitter is made of, what is used for and whether it is loose, trapped in or attached to an object. In addition, products already on the market - e.g. products on shelves or in suppliers’ stocks - can continue being sold until stocks run out.
Composition: Only glitter made of non-biodegradable, insoluble plastic is concerned. Biodegradable, soluble, natural or inorganic glitter is not considered microplastics and can continue being sold.
Uses: Only the sale of (non-biodegradable, insoluble) plastic glitter for uses that do not have a transitional period are concerned by the sale ban, for example art and crafts, toys, textiles (with certain exceptions). Glitter used in cosmetics and detergents (and for other uses benefiting from a specific transitional periods under paragraph 6 of the restriction) can continue being sold until the end of that period.
Loose vs trapped vs affixed glitter: Loose plastic glitter for uses without a transitional period - such as art and crafts, toys - is banned as of 17 October 2023 (unless biodegradable or soluble). However, plastic glitter is not affected by the ban if, when used, it is trapped in a solid matrix (e.g. glitter glue), solid films (e.g. paints, inks) or solid objects (e.g. inside jewellery, spray can caps, etc.) or is fully contained (e.g. in snow globes). Concerning plastic glitter that is affixed to objects, the sale ban would apply as of 17 October 2023 only to glittered decorative objects (such as - but not limited to - Christmas decorations or party hats) from which glitter detaches during normal use.
More details
The microplastics restriction concerns synthetic polymer microparticles - better known as microplastics - on their own or intentionally added to mixtures. Articles are not in the scope.
Plastic glitter on its own (also called loose plastic glitter) is to be regarded as a mixture under REACH and therefore is in the scope of the restriction.
- The prohibition of placing on the market (paragraph 1 of the restriction) applies as of 17 October 2023 to microplastics - including plastic glitter, on their own or intentionally added to products, for uses for which no transitional period is set under paragraph 6 (e.g. art and crafts kits, toys, Christmas decorations, etc). However, some exceptions are not concerned by the restrictions.
- products, including glitter, made of material that is inorganic (e.g. glass, metal), natural, biodegradable or soluble in water (out of scope because they are not regarded as microplastics)
- beads and sequins (and other decorations) intended to be threaded or sewn (articles; not in scope)
- microplastics, including plastic glitter, that contained by technical means (e.g. enclosed in a snow globe) or permanently incorporated in a solid matrix (e.g. trapped in glue, paints or inks, or inside solid objects) (derogated under paragraph 5)
- products to be regarded as articles under REACH (see below)
- products already on the market on 17 October 2023 (see below)
Microplastics, including plastic glitter, that are used on their own or in products for uses for which a specific transitional period is set under paragraph 6 (e.g. cosmetics, detergents) can continue being sold until the end of that transitional period. For example, loose plastic glitter used as a cosmetic product, as well as cosmetics containing glitter (or other microplastics) are granted specific transitional periods under paragraph 6 and can continue being sold until
- 16 October 2027 included, for rinse-off cosmetics (paragraph 6b)
- 16 October 2029 included, for leave-on cosmetics (paragraph 6d)
- 16 October 2035 included, for make-up, lip and nail cosmetics (paragraph 6c). Note that, from 17 October 2031 until 16 October 2035, in order to continue to be sold, make-up, lip and nail products need to bear a label indicating they contain microplastics.
When microplastics, including glitter, are affixed to an article, the scenario is more complex and depends on whether the microplastics can be considered an integral part of that article (and therefore the ban does not apply, because articles are out of scope) or not (in which case the ban applies to the microplastics), in accordance with Chapter 2.3 of ECHA’s guidance on substances in articles under REACH.
- In the specific case of plastic glitter, based on the above guidance:
o in case of glittered articles for which the decorative function is secondary - such as textiles used for garments or footwear, glitter is always regarded as an integral part of the article. These glittered articles - eg: clothing, shoes, curtains - are out of the scope of the restriction;
o for glittered articles having a purely decorative function, or for which the decorative function is the main function of the article - such as textiles used in certain art and craft kits, toy/party hats, Christmas decorations, etc. - glitter can only be regarded as an integral part of the article if it does not detach from the article during normal end use (including storage). In case glitter detaches from the article during normal end use, the glittered article is to be regarded as a combination of an article (e.g. the article without the glitter) and a mixture (the glitter). In the latter case, the ban applies to the glitter (but in practice, the whole glittered article cannot be sold).
- in a nutshell, the sale ban would apply as of 17 October 2023 only to glittered objects having mainly a decorative function (such as - but not limited to - Christmas decorations and party hats) from which glitter detaches during normal end use.
- At this stage, the Commission is not in a position to recommend a standard test to prove whether glitter detaches during normal end use.
Timeline
Finally, products containing plastic glitter or other microplastics (for uses other than those laid down in paragraph 6) that have been placed on the market before 17 October 2023 do not need to be recalled or withdrawn from the market but can continue being sold, in accordance with paragraph 16. This would be the case, for example, of finished products in distributors/importers/retailers stocks. Note however that
- if a large bag of plastic glitter (or other microplastics) is bought before 17 October 2023 but is repackaged into a new product (such as a smaller pack), the new product needs to be placed on the market before 17 October to continue to be sold.
- in order to benefit from the derogation in paragraph 16 of the restriction and continue to be sold, imported products not benefiting from a transitional period under paragraph 6 (e.g. art and craft kits, toys) need to arrive on the customs territory of the EU before 17 October 2023.