On 1 April 2024, the United Kingdom (UK) published an amendment to the Cosmetics Regulation 1223/2009, as applicable in Great Britain (i.e., England, Wales, and Scotland). Permitted levels of BHT (CAS no 128-37-0) in the Cosmetics Regulation are amended.
The government considered the recent advice from SAG-CS and amended the Cosmetics Regulations on the use of butylated hydroxytoluene (BHT), entering the Annex III- List of substances that cosmetic products must not contain except subject to the restrictions laid down.
Thus, BHT is allowed to be used up to a maximum concentration of:
- 0.1% in toothpastes,
- 0.001% in mouthwashes and other leave-on oral care products, and
- 0.8% in all other cosmetic products.
Timeline
- Cosmetic products containing Butylated hydroxytoluene (BHT), not in accordance with the new changes will not be able to be placed on the market on or after 24 February 2025.
- A cosmetic product that is placed on the market before 24 February 2025 can continue to be made available on the market until 24 June 2025.
Differences with the EU
The use of the BHT in cosmetics was restricted in the EU in 2022, according to the Regulation (EU) 2022/2195 amending Regulation (EC) No 1223/2009.
In light of SCCS opinions for BHT (SCCS/1636/21), the European Commission amended Annex III to Regulation (EC) No 1223/2009 as follows.
- Up to 0.1% in toothpaste
- Up to 0.001% in mouthwash
- Up to 0.8% in other leave-on and rinse-off products
Therefore, there is a difference between the EU and new UK restrictions. In the UK, BHT in leave-on oral care products cannot exceed 0.001%. On the other hand, in the EU, in such cases, the limit is 0.8%. Note that the UK restrictions apply to England, Wales, and Scotland. Conversely, in Northern Ireland, the EU restrictions apply.