4 July 2026 Update
Regulation (EU) 2026/909: Annexes to the Cosmetics Regulation amended
Anhang IIISCCSDuftallergeneHaarfärbemittel
On 28 April 2026, Commission Regulation (EU) 2026/909 was published in the Official Journal of the European Union. It amends Annexes II, III, V and VI of Regulation (EC) No 1223/2009 on cosmetic products. A defined group of substances is affected: from fragrance allergens through a UV filter and aluminium-containing ingredients to four hair dyes. The Regulation entered into force on the twentieth day following its publication.
What the Regulation changes
The changes are based on opinions of the Scientific Committee on Consumer Safety (SCCS, the EU Commission's scientific advisory body for cosmetic substances). Depending on the outcome of the assessment, the Commission implements different measures: new or tighter maximum concentrations in Annex III (substances subject to restrictions), a ban in Annex II (prohibited substances), an authorisation as a preservative in Annex V, and an adjusted impurity limit for a UV filter in Annex VI.
Important in practice: not all changes apply at the same time. According to recital 43, the new Annex III entries for hair dyes and the new Annex V entry apply immediately. For the remaining restricted substances, the Regulation provides for transitional periods.
Fragrance allergens: new maximum concentrations
For Benzyl Salicylate (CAS No. 118-58-1, Annex III entry 75), only a labelling requirement as an allergenic fragrance applied until now. Going forward, product-specific maximum concentrations apply, including 4% in perfuming products, 1.3% in shower gel and bath additives, 0.7% in body lotion, 0.2% in facial make-up and make-up remover, and 0.004% in oral care products. The labelling thresholds of 0.001% (leave-on) and 0.01% (rinse-off) remain unchanged.
Citral (CAS No. 5392-40-5, Annex III entry 70) also receives tiered maximum values, such as 0.11% for lip make-up, 0.6% for perfuming products and 1.2% for hair products that remain on the hair. Newly added is acetylated vetiver oil (CAS No. 84082-84-8) as Annex III entry 380, with limits ranging from 0.05% to 0.9% depending on product type, stabilised with 1% alpha-tocopherol in the raw material.
Ban, preservative and UV filter
Triphenyl Phosphate (CAS No. 115-86-6) is added as entry 1752 to the list of prohibited substances (Annex II). In its opinion of 25 July 2024, the SCCS was unable to reach a conclusion on safety, as potential genotoxicity could not be ruled out.
Conversely, silver zinc zeolite (INCI: Ammonium Silver Zinc Aluminium Silicate, CAS No. 130328-20-0) is removed from the list of prohibited substances and authorised as a preservative under Annex V entry 61: up to 1% in deodorant spray and pressed powder, provided the silver content does not exceed 2.5%.
For the UV filter DHHB (Diethylamino Hydroxybenzoyl Hexyl Benzoate, Annex VI entry 28), the maximum concentration remains at 10%. New is the limit for the unavoidable trace impurity di-n-hexyl phthalate (DnHP): it must not exceed 10 ppm.
Aluminium and four hair dyes
For aluminium-containing ingredients, the new Annex III entry 379 is introduced. It sets product-specific maximum concentrations (each calculated as Al), for example 7.73% for non-aerosol antiperspirants and deodorants, 3.24% for the aerosol variant, 3.18% for toothpaste and 2.0% for talc powder. Existing restrictions in other entries remain unaffected.
Four hair dyes are newly regulated under Annex III and may be used on the scalp:
| Substance (INCI) | Entry | Maximum concentration on hair |
|---|---|---|
| HC Blue No. 18 | 381 | 0.35% (oxidative and non-oxidative) |
| Hydroxypropyl-p-phenylenediamine (and 2HCl) | 382 | 2% (oxidative) |
| HC Yellow No. 16 | 383 | 1% oxidative, 1.5% non-oxidative |
| HC Red No. 18 | 384 | 1.5% oxidative, 0.5% non-oxidative |
For these hair dyes, the prescribed warnings and the indication of the mixing ratio on the label apply.
Deadlines and what needs to be reviewed now
The new hair dye entries (Annex III) and the preservative entry (Annex V) apply immediately. For the remaining restricted substances, as well as the Triphenyl Phosphate ban and the DHHB condition, the following dates apply according to the footnotes of the Regulation:
| Action | Date |
|---|---|
| Placing non-compliant products on the market no longer permitted | 1 January 2027 |
| Making non-compliant products available on the market no longer permitted (general rule) | 1 July 2028 |
| Making available in the case of the citral isomers Geranial/Neral (footnote ***) | 1 August 2028 |
For manufacturers and distributors, this specifically means: formulations containing the substances mentioned should be reviewed to check whether the new maximum concentrations are met and whether the label and safety assessment need to be updated. For DHHB, the DnHP specification of the raw material should be checked; for silver zinc zeolite, the silver content. The Regulation does not specify any transitional arrangements for the individual substances beyond the dates mentioned.
Anyone wishing to have their formulations checked against the amended annexes and have their safety assessment (CPSR under Annex I) and INCI label updated can submit the relevant documents via our inquiry form. The full legal text is available on EUR-Lex.
Sources
This article provides general information on regulatory developments and does not replace legal advice for individual cases.
