In one line: The draft amendment to the EU Cosmetics Regulation notified by the EU in July 2026 is still a draft, and it does not prohibit every ingredient mentioned in the document outright. Benzophenone-1 and Benzophenone-2, among others, are proposed for prohibition, while BHA, Butylparaben, CBD, and nano Hydroxyapatite are classified as substances subject to restrictions under specific conditions or updates to existing restrictions.[1]
G/TBT/N/EU/1219, notified by the European Commission under the WTO Technical Barriers to Trade framework, was received on July 8, 2026.[1] The first distinction to make is that this document is a draft amendment to the cosmetics ingredient regulations, not a final implementing regulation.
What is the difference between ‘prohibited’ and ‘restricted’ under the EU Cosmetics Regulation?
Prohibition means that the ingredient may not be used in cosmetics. Restriction means that it may be used only when specified conditions—such as concentration, product type, area of application, or particle characteristics—are met.
This draft proposes prohibiting Benzophenone-1, Benzophenone-2, Basic Brown 16, Basic Blue 99, and prostaglandin analogues.[1] By contrast, Butylated Hydroxyanisole (BHA), Butylparaben, Cannabidiol (CBD), and Hydroxyapatite (nano) are listed as substances for which restrictions would be introduced or updated in line with the conditions under which the Scientific Committee has recognized their safety.[1]
What does the term CMR substance mean?
CMR stands for carcinogenic, mutagenic or toxic for reproduction, referring to substances classified as carcinogenic, germ-cell mutagenic, or toxic for reproduction. The proposed amendment also includes provisions intended to reflect in the Cosmetics Regulation changes to the CLP classification adopted in 2025 and applicable from February 1, 2027.[1]
Consumers should not see the term CMR alone and conclude that every product currently on the market has immediately become illegal. It is necessary to check when a classification applies, how it is ultimately incorporated into the Cosmetics Regulation, and whether a transition period is provided.
Will BHA now be prohibited in EU cosmetics?
Based on this notification alone, no outright prohibition is proposed. BHA is included in the group for which restrictions would be introduced or updated under specific conditions demonstrated to be safe.[1] The product type and the concentration and conditions of use in the final regulation must be checked.
Here, BHA refers to the cosmetic ingredient Butylated Hydroxyanisole. Its abbreviation is identical to that of beta-hydroxy acid, commonly used to refer to an exfoliating ingredient, making the two easy to confuse in searches. This is why the exact INCI name on the ingredient list matters.
Will Butylparaben and CBD also be phased out entirely?
The notification describes Butylparaben and Cannabidiol (CBD) as ingredients whose safe use has been demonstrated only under specific conditions, placing them in the group for which restrictions would be introduced or updated.[1] In other words, it would not be accurate to summarize the notification as saying that the EU has outright prohibited both ingredients before the final regulatory conditions are known.
Why is nano Hydroxyapatite considered separately?
Hydroxyapatite (nano) refers to a raw material that uses particles at the nanoscale. Because particle size and shape can affect exposure and safety assessments, a nanomaterial and a non-nanomaterial may be subject to different regulatory conditions even when they have the same chemical name.
This draft also includes nano Hydroxyapatite among the substances subject to restrictions based on specific safety conditions.[1] Accordingly, it is more accurate to consider the particle characteristics and permitted conditions than simply to note that Hydroxyapatite is present.
What should K-beauty brands check before exporting to the EU?
First, match the raw-material name accurately to the INCI name. Second, check whether the current formulation concentration and product type conflict with the scope of the draft restrictions. Third, if the measure is still at the draft stage, track whether the final regulation is adopted and when it takes effect. Fourth, check the final document to see whether separate transition rules are established for existing inventory and newly produced goods.
Companies’ EU compliance statements must also correspond to the final legal status. It is possible to prepare proactively for a draft, but businesses should not promote an unfinalized regulation to consumers as though it were already in force.
Frequently Asked Questions
Do I need to throw away cosmetics containing BHA right now?
There is no basis for reaching that conclusion from this draft alone. BHA is included not in the group proposed for outright prohibition, but in the group subject to restrictions under specific conditions.[1] Actual products should be assessed against the final EU regulation and the relevant formulation conditions.
Are all CBD cosmetics prohibited in the EU?
The notification places CBD among the ingredients subject to the introduction or updating of restrictions, not on the list of ingredients proposed for outright prohibition.[1] The final regulatory wording must be checked to determine what forms and conditions are permitted.
Are products sold in Korea also affected by EU regulations?
EU regulations directly establish requirements for products placed on the EU market. These requirements differ from those governing domestic sales in Korea, and products exported to the EU require a conformity review for the EU market.
DERME VERDICT
The key point in the 2026 EU draft cosmetics regulation is not to read every ingredient named in the document as being subject to an outright prohibition. Consumers should check the final regulation and the actual product conditions rather than rely on alarmist summaries, while K-beauty companies should distinguish between the draft, the final text, and the effective date in their regulatory response.
