Omnibus IX: which cosmetic ingredients the EU plans to ban from 2027
The Commission draft adds 16 bans to Annex II – including Benzophenone-1, Benzophenone-2 and prostaglandin analogues – plus new limits for CBD and BHA. What is settled, what is still open and what R&D teams should check now.
In short
A European Commission draft adds 16 prohibited substances to Annex II of the Cosmetics Regulation: 11 newly classified CMR substances plus Benzophenone-1, Benzophenone-2, Basic Brown 16, Basic Blue 99 and prostaglandins and their analogues. The CMR bans are set to apply from 1 February 2027. CBD (0.19%) and BHA (0.07%) get maximum concentrations, Butylparaben gets its own entry and mercury-based preservatives are removed. The draft has not yet been adopted.
Key figures
Where the procedure stands
The EU notified the draft to the World Trade Organization on 8 July 2026 (G/TBT/N/EU/1219); the comment period closed on 6 September 2026. On 21 September 2026 the Commission transmitted the draft to the Council of the EU.
The regulation has therefore not been adopted yet. Details – in particular the transitional periods – may still change before publication in the Official Journal. It is set to enter into force on the twentieth day after publication.[3][4]
The new Annex II prohibitions
Eleven entries cover substances classified as CMR by Delegated Regulation (EU) 2025/1222 (the 23rd ATP to the CLP Regulation) – including ozone, dinitrogen oxide, tetrahydrofurfuryl methacrylate, trimethyl phosphate and α-methylstyrene. According to the draft, no request for an exemption was submitted for these substances. The bans are to apply from the same date as the classification: 1 February 2027.
Five further bans follow assessments by the Scientific Committee on Consumer Safety (SCCS): Benzophenone-1 (not safe as a light stabiliser), Benzophenone-2 (genotoxicity could not be excluded, oestrogenic activity), the hair dyes Basic Brown 16 and Basic Blue 99 (indications of mutagenicity and genotoxicity respectively) and prostaglandins and their analogues used in eyelash serums, for which the SCCS could not establish conditions of safe use.[1][2][5][6]
New limits instead of bans
Cannabidiol (CBD) is to be allowed up to 0.19% in leave-on, rinse-off and oral care products, with THC as an impurity capped at 0.00025% (2.5 ppm). Butylated Hydroxyanisole (BHA) is limited to 0.07% in leave-on and rinse-off products and excluded from oral care and products that may lead to inhalation.
Butylparaben gets its own entry 12b in Annex V, leaving entry 12a for Propylparaben only. Hydroxyapatite (nano) remains allowed up to 29.5% in toothpaste and 10% in mouthwash, with more precise particle shape and size requirements. The Annex V entries for thiomersal and phenylmercuric salts are deleted.[1][2]
The timelines in the draft
The draft sets no sell-through period for the CMR-based bans: they apply from 1 February 2027. For the other changes, the annex of the WTO draft provides that non-compliant products may no longer be placed on the market 12 months after entry into force and no longer be made available 24 months after entry into force.
These periods appear in square brackets in the draft – marked as placeholders, not final. Only the text published in the Official Journal is binding.[2]
What this means for R&D teams
- Screen formulas for the affected substances now – by INCI name and CAS number, including purchased raw-material blends and fragrance oils.
- Ask suppliers for updated compositions and statements on Benzophenone-1/-2, BHA and Butylparaben.
- For products with CBD, BHA or Butylparaben, compare use levels with the planned limits and plan reformulations early, including stability and compatibility testing.
- Flag safety assessments (CPSR) and product information files of affected products for update once the final text is published.
Frequently asked questions
Sources
- [1] European Commission, notified to the WTO (2026): Draft Commission Regulation amending Regulation (EC) No 1223/2009 (CMR and other substances)
- [2] European Commission, notified to the WTO (2026): Annex to the draft Commission Regulation (Annexes II, III and V)
- [3] European Commission – TBT database (8 July 2026): TBT notification G/TBT/N/EU/1219
- [4] Council of the European Union (21 September 2026): Cover note 13462/26 to the Council of the EU
- [5] EUR-Lex (20 June 2025): Delegated Regulation (EU) 2025/1222 (23rd ATP to the CLP Regulation)
- [6] European Commission – Internal Market, Industry, Entrepreneurship and SMEs: CMR substances in cosmetic products
This post was researched and drafted with AI assistance, then checked against its primary sources and approved by the VYVA Editorial Team before publication. All sources last checked on September 28, 2026. Figures are reproduced as published by each source; the linked original is authoritative. Disclaimer: This post is for general information only. It is not legal advice and not a regulatory or safety assessment of any individual case. We prepare the content carefully but give no warranty as to its accuracy, completeness or currency; legislation and standards may change after the date stated. Only the officially published text is binding. Make decisions about your products with qualified support, such as your safety assessor or legal adviser. We are liable for damage arising from the use of this information only in cases of intent and gross negligence; liability for injury to life, body or health and under mandatory statutory provisions remains unaffected.