In the European Union, cosmetic products are regulated by Regulation (EC) 1223/2009. Each product must have a safety assessment, prepared by a qualified professional, demonstrating that it does not cause harm under normal or reasonably foreseeable conditions of use.
This regulatory framework has made the European Union one of the most demanding markets in the world for consumer safety in cosmetics.
The system is robust and, for years, has proven effective in protecting human health. However, when one looks beyond the consumer and considers its environmental impact, some limitations emerge that warrant analysis.
Why isn't the environmental impact of the final cosmetic product directly assessed?
The explanation lies in the European legislative structure. Regulation (EC) 1223/2009 primarily governs the safety of the final cosmetic product for the consumer. On the other hand, the raw materials used in the formulation of these products are mainly evaluated through Regulation REACH (EC) 1907/2006.
REACH allows for the assessment of chemical hazards, including environmental risks. In fact, many regulatory decisions affecting cosmetic ingredients (such as bans, use restrictions, or concentration limits) take into account both human health and environmental risks.
This demonstrates that environmental safety is indeed part of the European legislative process.
However, in certain cases, an ingredient used exclusively in cosmetics and in relatively low quantities may not have a detailed environmental assessment, even though its use involves direct and repeated release into the environment
The current approach shows that, although environmental data for individual substances exist, these do not always allow us to directly extrapolate the environmental behavior of the final product under real-use conditions.
An illustrative example of microplastics
The case of microplastics intentionally added to cosmetic products such as exfoliants, gels, or makeup is particularly illustrative. These particles, once released after product use, accumulate in rivers, seas, and sediments, in some cases bypassing the filters of conventional wastewater treatment systems.
This environmental impact led to the adoption of the microplastics restriction through Regulation (EU) 2023/2055, approved as an amendment to the REACH Regulation and not as a specific measure of the Cosmetics Regulation. The decision was based primarily on environmental considerations, not on direct risks to human consumer health.
This example shows how environmental effects can take years to be identified and regulated, while human health safety assessments are mandatory from the earliest stages of product development.
Environmental risks
Beyond microplastics, there are cosmetic ingredients that can negatively affect the environment, such as sunscreens with low biodegradability or certain persistent synthetic polymers
A cosmetic product can be safe for the skin and, at the same time, could have a negative impact on aquatic organisms or the food chain, with long-term effects on ecosystems.
These effects are usually not very visible to the end consumer, which highlights the importance of having clear and structured environmental information, similar to what already exists for human safety.
Possible alternative: evaluate the final product when information is missing
From a technical point of view, a possible evolution of the current approach would not involve systematically assessing all cosmetic products environmentally, but rather incorporating the assessment of the final cosmetic product when its "non-hazardousness" cannot be justified by other means.For example, a cosmetic whose raw materials are not considered dangerous will result in a non-hazardous mixture. However, **if a cosmetic product contains a certain concentration of a raw material considered dangerous, even if the final cosmetic formula may be considered "non-hazardous" due to its low proportion, it could be the case that the final cosmetic product results in a possible negative effect on the environment.**
In these cases, the assessment could be integrated as an additional module within the cosmetic product safety assessment, using harmonized criteria and relying, whenever possible, on already available information. These criteria could be based on data from REACH registrations, relevant environmental studies, or additional biodegradability and ecotoxicity tests, when necessary.
The existence of common criteria would allow for the generation of comparable information between products and manufacturers, would facilitate technical interpretation, and would reinforce coherence between cosmetic legislation and European chemical and environmental policy. Furthermore, this approach could incentivize the development of formulations with a better environmental profile and contribute to innovation aligned with the sector's sustainability objectives.
From a commercial standpoint, this environmental assessment of the final product would provide sufficient information to allow for truthful environmental claims, giving the product genuine added value. These claims would help reach that audience that is truly aware of the environmental impact of cosmetic products
Proposing this type of integration does not mean questioning the current system, but rather recognizing that the safety of a cosmetic product does not end with its application to humans.
In the current context, moving towards a more holistic vision of cosmetic product safety will help reduce uncertainties, improve available knowledge, and reinforce consumer confidence in a sector that is part of the daily lives of millions of people