The regulatory landscape for cosmetics has undergone significant changes following the UK’s exit from the European Union. As of December 31, 2020, the UK has established its own regulatory framework, resulting in notable divergences from EU rules.

The Role of the UK’s SAG-CS

To oversee cosmetic safety, the UK created the Scientific Advisory Group on Chemical Safety (SAG-CS), a counterpart to the EU’s Scientific Committee on Consumer Safety (SCCS). While initially differences between the UK and EU were passive due to delays in implementing EU regulations, the UK has now moved towards active regulatory divergence, adopting its own unique restrictions.

Key Divergences: Methyl Salicylate, BHT, and CMR Substances

Significant examples of divergence between UK and EU regulations involve the substances Methyl Salicylate, BHT, and CMR chemicals:

• Methyl Salicylate: In March 2024, the UK imposed stricter concentration limits on Methyl Salicylate for products aimed at children and adolescents, setting lower limits compared to EU guidelines.
• BHT (Butylated Hydroxytoluene): The UK has introduced restrictions on BHT in all leave-on oral care products, a category not covered under EU rules.
• CMR Substances: The UK banned 52 CMR substances under its GB CLP Regulation, but it still allows certain chemicals that are prohibited in the EU.

Environmental Regulations: Scotland’s Ban on Plastic-Containing Products

Scotland’s proposal to ban plastic-containing wet wipes by 2026 is another example of regulatory divergence from the EU. This ban will cover personal care items such as baby wipes and facial wipes, reflecting the UK’s broader push to reduce plastic waste.

Labelling and Safety Reports: Divergent Requirements

Labelling and Cosmetic Product Safety Reports (CPSRs) reveal further regulatory differences between the UK and EU:

• Labelling: Products sold in the UK must specify their country of origin, as the “Made in the EU” label is no longer accepted. The extended transition period for compliance ends in December 2027.
• Safety Assessors: In the UK, safety assessors must hold qualifications from a UK-recognised institution. Although UK authorities accept EU qualifications, the EU does not automatically recognise UK diplomas.

Compliance Requirements for Manufacturers

Cosmetic manufacturers must appoint responsible persons in both the UK and EU. A manufacturer cannot rely solely on representation in one region, making separate compliance efforts essential for both markets.

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