EU Regulation (EU) 2026/909: Comprehensive Interpretation of New Cosmetic Ingredient Restrictions

On April 28, 2026, the European Commission published Regulation (EU) 2026/909, introducing significant amendments to Annexes II (Prohibited Substances), III (Restricted Substances), V (Allowed Preservatives), and VI (Allowed UV Filters) of the EU Cosmetics Regulation (EC) No 1223/2009. Driven by the latest risk assessments from the Scientific Committee on Consumer Safety (SCCS), the update officially bans Triphenyl Phosphate due to potential genotoxicity risks and revises the restriction requirements for 11 other substances, including Benzyl Salicylate, Aluminium compounds, and Citral etc.

The regulation establishes clear transitional periods: From 1 January 2027 cosmetic products containing these substances and not complying with the restrictions shall not be placed on the Union market. From 1 August 2028 (extended to August 1, 2028, for specific Citral isomers) cosmetic products containing these substances and not complying with the restrictions shall not be made available on the Union market.

Breakdown of the Amendments

1. Additions and Adjustments to Prohibited Substances

• New Prohibited Substance in Annex II: Triphenyl Phosphate

Triphenyl Phosphate was not previously regulated under the EU Cosmetics Regulation (EC) No. 1223/2009. The function of this substance recorded in CosIng (the EU cosmetic ingredient database) is "plasticiser". It is mainly used in nail polishes, nail enamels, or manicure products to weaken the hardness of polymers and make them easily extendable. According to the SCCS scientific opinion issued on July 25, 2024 (SCCS/1664/24), the information provided by the industry was insufficient to rule out the potential genotoxicity risks of the substance. Consequently, in this revision, the European Commission has included Triphenyl Phosphate in Annex II as a prohibited substance for regulation.

• Adjustment to Annex V (Allowed Preservatives): Ammonium Silver Zinc Aluminium Silicate

Ammonium Silver Zinc Aluminium Silicate (also known as silver zinc zeolite) was previously listed in Annex II (Prohibited Substances) due to its classification as a CMR 2 (Reprotoxic) substance. However, amid a decreasing pool of available preservatives, industry stakeholders submitted a safety dossier. The SCCS ultimately confirmed its safety for use as a preservative under specific concentrations (SCCS/1650/23). As a result, it has been added to Annex V, permitting its use at a maximum concentration of 1% (with silver content not exceeding 2.5%) in deodorant sprays and powder foundations. Correspondingly, the entry in Annex II has been amended to exclude the conditions set out in Annex V.

2. Revisions and Additions to Restricted Substances

Revisions to Existing Annex III Restrictions

Regulation (EU) 2026/909 revises entries 24 (Water-soluble zinc salts), 70 (Citral), and 75 (Benzyl Salicylate) in Annex III. Based on SCCS safety assessments, these revisions detail specific concentration limits for different product types.

• Annex III Entry 24: Water-soluble zinc salts

This entry previously restricted zinc acetate, zinc chloride, zinc gluconate, and zinc glutamate to a maximum of 1% (as zinc) in all cosmetics. The revision expands this to include zinc citrate and zinc sulphate. Following the SCCS opinion in October 2023 (SCCS/1657/23), refined limits have been set across different product categories and age groups to mitigate potential health risks from overexposure.

• Annex III Entries 70 & 75: Citral and Benzyl Salicylate

Previously, Citral and Benzyl Salicylate were only subject to fragrance allergen labeling requirements. Given Citral’s sensitization potential and Benzyl Salicylate’s potential endocrine-disrupting properties, the SCCS evaluated both substances (SCCS/1666/24, SCCS/1656/23). To avoid potential health risks, the European Commission has now established strict maximum concentrations for various product categories.

New Additions to Annex III 

The regulation also adds six new restricted entries ( Entry 379 to 384 ), including Aluminium-containing ingredients, Acetylated Vetiver Oil, and four hair dye ingredients, strictly following SCCS scientific evaluations. 

• Annex III Entry 379: Aluminium-containing ingredients 

Concerned about systemic exposure to aluminium from cosmetics, the SCCS conducted a comprehensive assessment (SCCS/1662/23). Safe limits have now been established for various spray and non-spray cosmetics. Accordingly, the European Commission has set specific restrictions for different product categories in entry 379 of Annex III. To prevent regulatory overlap, Entry 379 applies to all aluminium-containing ingredients except those already regulated under specific other Annex entries (Entries 34, 50, 189, 190, 192 of Annex III; Entries 117, 118, 119, 121, 131, 150 of Annex IV; Entry 61 of Annex V; Entry 27a of Annex VI). 

• Annex III Entry 380: Acetylated Vetiver Oil (AVO)

Acetylated Vetiver Oil (AVO), mainly used as a fragrance, was not previously regulated under the EU Cosmetics Regulation (EC) No 1223/2009. Considering its sensitisation potential when used as a fragrance, the European Commission requested the SCCS to assess its safety. The SCCS published scientific opinions in 2019 (SCCS/1599/18) and 2024 (SCCS/1663/24), confirming that this ingredient is safe in leave-on, rinse-off, and spray products at specific concentrations and with 1% α-tocopherol as a stabiliser. Accordingly, the European Commission has included Acetylated Vetiver Oil in Annex III for restricted use.

• Annex III Entries 381-384: Hair Dye Ingredients

The four hair dye ingredients added in this revision are: HC Blue No. 18, Hydroxypropyl-p-phenylenediamine & Hydroxypropyl-p-phenylenediamine 2HCl, HC Yellow No. 16, and HC Red No. 18. Previously, these four hair dye ingredients were not directly regulated under Regulation (EC) No 1223/2009. The SCCS clarified the safe application of these four hair dye ingredients in its multiple scientific opinions (SCCS/1653/23, SCCS/1659/23, SCCS/1670/24, SCCS/1673/24). Based on the SCCS's assessment conclusions, the European Commission considers that if the concentration of these substances in hair dye products exceeds the aforementioned levels, they would pose a potential risk to human health. Therefore, these four hair dye ingredients have been included in Annex III as restricted substances.

3. Revisions to Annex VI UV Filter Restrictions

• Impurity Limits for Diethylamino Hydroxybenzoyl Hexyl Benzoate (DHHB)

Diethylamino Hydroxybenzoyl Hexyl Benzoate (DHHB) is an approved UV filter (Annex VI, Entry 28). The SCCS recently noted that the unavoidable trace impurity Di-n-hexyl phthalate (DnHexP) is safe at 260 ppm but recommended an ideal target of 1 ppm (SCCS/1678/25). Considering the significant economic impact and cost increases for SMEs if the limit were lowered to 1 ppm, the European Commission set the legally binding limit for DnHexP at 10 ppm, balancing consumer safety with economic realities.

Compliance Advice and Next Steps

With the stringent changes introduced by Regulation (EU) 2026/909, cosmetic brands and manufacturers must act swiftly to ensure market continuity. We strongly advise compliance managers to:

• Conduct immediate formula audits to verify whether products contain the newly Prohibited Triphenyl Phosphate or exceed the updated limits for restricted ingredients like Citral, Benzyl Salicylate, and Aluminium compounds.

• Update product labels to reflect the new warning and mandatory usage instructions.

• Communicate with raw material suppliers to ensure impurities comply with the updated trace limits.

Ensuring compliance is foundational to successfully operating in the European market. As the January 2027 and July 2028 deadlines approach, prompt reformulations and updated safety assessments (CPSR) will be crucial. For technical support on EU cosmetic notifications, safety assessments, or label reviews, companies should consult with regulatory experts to smoothly navigate these regulatory transitions.

If you have any questions or require professional consultancy services, please feel free to contact us at customer@reach24h.com.