Recent ATPs and Their Effect in the EU and Abroad

By: David C. Steinberg, Steinberg & Associates

Posted: April 14, 2009, from the June 2009 issue of Cosmetics & Toiletries.

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Annex III, Reference 8, was amended to read: “and under reference numbers 1309, 1311 and 1312 in Annex II,” after phenylenediamine, its N-substituted derivatives and its salts; and N-substituted derivatives of o-phenylenediamine, with the exception of those derivatives listed elsewhere in Annex II. Reference 9 added prohibited ingredients 1310 and 1313 to Annex II.

Hair dye substances: This ATP, dated Nov. 22, 2007, extended the renewal deadline for the 42 provisional hair dye substances listed in Annex III, part B, until Dec. 31, 2009.

Glyoxal in finished products: On Feb. 15, 2008, this ATP added glyoxal as number 102 to Annex III, with a concentration limit of 100 mg/kg in finished products. This ATP allows the continued use of glyoxal since it is listed as a Category 3 CMR and must therefore be reviewed and permitted by the SCCP. Glyoxal is listed as a permitted preservative under Annex VI.

Fragrance ingredients and benzyl alcohol: This ATP added a significant number of fragrance ingredients to Annex III on Apr. 3, 2009, including their limitations and other requirements. Table 2 highlights a few prominent additions, here. The first change in this ATP was to correct Annex II item 1136, which currently reads: “Peru balsam (INCI: Myroxylon pereirae); CAS 8007-00-9,” when used as a fragrance ingredient. This was replaced with: “Exudation of Myroxylon pereirae (Royle) Klotzch (Peru balsam, crude); CAS 8007-00-9,”when used as a fragrance ingredient.

The second change was to delete item 68 in Annex III, which lists benzyl alcohol as a fragrance allergen. Benzyl alcohol is already on Annex III as a solvent in item 45, so the two were combined. In addition, changes were made to three other fragrance allergens, including hydroxycitronellal, isoeugenol and d-limonene (see Table 3).