EU TPO Ban: What Cosmetic Manufacturers Need to Know

Overview: EU TPO Ban

As of September 1, 2025, the use of TPO (Trimethylbenzoyl Diphenylphosphine Oxide) in cosmetics is officially prohibited under the EU Cosmetics Regulation (EC) No 1223/2009. Products containing TPO may no longer be placed on the EU market or continue to be supplied, transferred, or otherwise made available within the EU, including any existing stock already on shelves.

This follows the entry into force of Regulation (EU) 2025/877, which amends Annex II (Prohibited Substances) and Annex III (Restricted Substances) of the Cosmetics Regulation to align with the latest classifications under the CLP Regulation (EC) No 1272/2008. TPO, now classified as a CMR Category 1B reproductive toxicant, has therefore been added to the list of banned ingredients in cosmetics.

What Is TPO?

TPO (2,4,6-trimethylbenzoyl diphenylphosphine oxide) is a widely used photoinitiator, commonly found in UV-cured gel nail products and other professional applications. While effective in improving curing performance and durability, TPO was reclassified in Commission Delegated Regulation (EU) 2024/197 as a CMR 1B substance, meaning it poses potential reproductive toxicity risks.

Under Article 15(2) of the Cosmetics Regulation, any substance classified as CMR Category 1A or 1B is automatically banned in cosmetics unless a specific exemption is granted. No exemption was submitted for TPO prior to the adoption of Regulation (EU) 2025/877, making the ban mandatory and immediate.

Implementation and Key Clarifications of the TPO Ban

The European Commission released a Q&A document on August 7, 2025, addressing questions from industry stakeholders. Below are the key takeaways:

1. Legal Basis for the Ban on TPO in Cosmetics Products

   The prohibition of TPO is directly based on Article 15(2) of Regulation (EC) No 1223/2009, which automatically bans CMR substances unless an exemption—supported by fulfilling the specific conditions in the regulation—is approved.

2. No Sell-Through or Use-Up Period

   There is no transition or depletion period. As of September 1, 2025, all marketing, supply, and professional use of cosmetics containing TPO must cease, including products lawfully placed on the market before that date.

3. Impact on Professional Users

   Professional users such as nail technicians and beauty salons are also subject to the ban. Using a TPO-containing product on clients constitutes “making available on the market”, and is therefore prohibited regardless of when the product was purchased.

4. Comparison with REACH Microplastics Ban

   Unlike REACH microplastics restrictions, which allow transitional periods based on socioeconomic and technical considerations, the Cosmetics Regulation does not include such flexibility. Its primary goal is to protect human health, so CMR bans take immediate effect unless exempted.

5. Previous SCCS Opinions No Longer Valid

In its 2015 opinion (SCCS/1558/15), the SCCS concluded that, under certain conditions, TPO is safe for use at concentrations up to 5% in some professional UV-cured nail polishes.

However, this assessment predates the decision to reclassify TPO as a CMR 1B substance. Once the CMR 1A/1B classification takes effect, the previous SCCS opinion is no longer applicable unless a new assessment is conducted based on a new application under Section 15(2).

Compliance Recommendations for Industry

To comply with the EU Cosmetics Regulation, companies and professionals should:

• Cease the sale, supply, and professional use of products containing TPO by September 1, 2025;

• Clear and withdraw related stock from professional settings;

• Consult suppliers for compliant alternative products;

• Pay close attention to regulatory developments early—discussions regarding TPO were initiated at the working group level in March 2024.

Looking Ahead

The European Commission has acknowledged that the current Cosmetics Regulation offers limited flexibility for small and medium-sized enterprises (SMEs) facing abrupt ingredient bans. Proposals to revise and modernize the Regulation—to improve predictability and stakeholder participation—are already under discussion. Until new rules are adopted by the European Parliament and Council, enforcement will continue under the current legal framework.

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