Prohibited and Restricted Chemicals in the EU and UK 

Owned by Emily Longstaff
Oct 29, 2024
6 min read

This page does not constitute legal advice on any subject matter from Fruugo.com Ltd. As a retailer it is your responsibility to conduct your own research and/or seek your own independent legal advice in understanding your compliance obligations. 

Within the EU and UK many chemical ingredients are either prohibited or restricted for use in consumer products due to consumer health or environmental risks. Per our Retailer T&C’s we expect all retailers to only make available and sell safe and compliant products which meet all standards and requirements in the countries you sell to, including the restrictions for chemical ingredients. This page intends to act as guidance for retailers and outlines a non-exhaustive list of prohibited or restricted chemicals which must not be present in any products listed on Fruugo. This page should be read in conjunction with our Terms and Conditions, Prohibited Products Policy and Restricted Products Policy. 

You must not sell any products on the platform if they contain a prohibited ingredient, or a restricted ingredient that does not meet the specified conditions. In the event that Fruugo identifies a product containing a restricted ingredient through its proactive monitoring, or this is brought to our attention by a consumer, Regulator or Government Agency, Fruugo will take the necessary and appropriate actions to remove the product from sale on the platform. Where Fruugo feels it is necessary to do so, we may also issue a product recall to all consumers who have purchased the affected product and issue a full refund at your expense.

REACH Regulation

The EU REACH Regulation (EC 1907/2006) entered into force in the EU in 2007. Post Brexit, the REACH Regulation was brought into UK Law on the 1st January 2021 and is now known as the UK REACH Regulations. Both Regulations operate independently, and as such you must ensure that you are compliant with both regulations (where required) when you ship to the UK and/or EU. 

The aim of the REACH Regulation is to protect human health and the environment. As such, various parties within the supply chain are required to identify, manage and report on the risks linked to substances in their products which they sell in the EU. All information about chemical substances, including the associated risks, must be registered with the European Chemicals Agency. Any unregistered substances may not be manufactured in the EU or imported into the EU. 

The REACH Regulation also identifies high risk substances which will eventually be phased out of the market. Fruugo recommends all retailers avoid selling products with such substances present in the product, and seeks products with safer alternatives. Once such substances are phased out of the market, retailers must not sell any products with any prohibited ingredients in the product.  

As a retailer you should be aware of the REACH Regulations, and aware of any obligations you have within the supply chain. You must not make available for sale or supply any products which do not comply with the REACH Regulations.

Further information on the REACH Regulation can be found here - 

EU REACH Regulation (EC 1907/2006) - https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02006R1907-20221217  

UK REACH Regulation - The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

PFHxA Restriction

Under the REACH Regulation the sale and use of PFA’s is restricted within the European Union. PFA’s include undecafluorohexanoic acid (‘PFHxA') and PFHxA ‑related substances. 

The EU has restricted the sale of PFA’s to protect human health and the environment, as the chemical groups are very persistent, mobile in water, and pose unacceptable risks. 

PFA’s are now banned in the sale and use of the following product types - 

  • Consumer textiles

  • Food packaging 

  • Consumer mixtures

  • Cosmetics

  • Firefighting foam applications 

The use of PFHxA in semiconductors, batteries or fuel cells for green hydrogen is not affected. 

You must not sell any of the above restricted products on Fruugo if they contain PFA’s, and may only relist an affected product if an available alternative is used. 

More information may be found here - https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202402462

Cosmetic Products (Restriction of Chemical Substances) (No.2) Regulations 2024

Under the Cosmetic Products (Restriction of Chemical Substances) (No.2) Regulations 2024, 52 CMR substances are banned for sale or use in the UK. 

In addition, under the Omnibus Act V and VI, the same following 52 CMR substances are also banned, as well as Pentasodium Pentate, Pentetic Acid, Pentapotassium Salt.

CMR substances have been banned in both the EU and UK as they may be carcinogenic (which could cause or promote cancers), mutagenic (which could cause genetic mutations), or toxic to human health (which can damage the reproductive process). 

You must not sell any products on Fruugo if they contain any banned CMR substances.

Kojic Acid

Kojic Acid is now a restricted substance under Annex III of The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2024. In addition, under the amendments made to the EU Cosmetic Products Regulation also means that Kojic Acid will become a restricted substance in the EU. Under the new restrictions, Kojic acid will only be allowed up to a maximum concentration of 1% in any products for the face or hands. 

Kojic Acid is an ingredient often used in lightening or brightening skincare products.  

In high concentrations, Kojic Acid can be a potential endocrine disruptor which may interfere with the hormones in the body. It also may cause skin irritation. 

New products containing Kojic Acid may not be placed on the EU market after the 1st February 2025, and may not be placed on the UK market after the June 20th 2025. However, despite these deadlines, Fruugo advises all sellers to remove any products containing Kojic Acid as soon as possible. 

You must not sell any products on Fruugo if they contain Kojic Acid over 1% for products for the face or hands

Regulation (EU) 2024/996

The amendment to the Cosmetics Regulation (Regulation 2024/996) was published on the 4th April 2024, and restricts the use of Vitamin A, Alpha-Arbutin, and other endocrine disrupting substances in cosmetic products. 

Annex II of Regulation 2024/996 outlines a list of substances that from the 1st of May 2025 any product containing any of these substances cannot be placed on the Union Market. From the 1st May 2026, any cosmetic products containing these substances shall not be made available on the Union market. 

Annex III of Regulation 2024/996 outlines a list of restricted substances which cosmetic products must not contain unless subject to the restrictions outlined in Annex III. This includes Alpha-Arbutin, Kojic Acid and Arbutin. From the 1st February 2025 products containing the restricted ingredients may not be placed on the market unless compliant with the conditions set out in Annex III. From the 1st November 2025, cosmetics products containing these substances shall not be made available on the union market unless compliant with the conditions set out in Annex III. 

  • Genistein

  • Daidzein

  • Kojic Acid

  • Alpha-Arbutin

  • Arbutin

Annex III of Regulation 2024/996 outlines a list of restricted substances which cosmetic products must not contain unless subject to the restrictions outlined in Annex III. The ingredients are set out below. From the 1st November 2025 products containing the restricted ingredients may not be placed on the market unless compliant with the conditions set out in Annex III. From the 1st May 2027, cosmetics products containing these substances shall not be made available on the union market unless compliant with the conditions set out in Annex III. 

  • Retinol

  • Retinyl Acetate

  • Retinyl Palmitate

The above is a non-exhaustive list of prohibited or restricted substances as set out by Regulation 2024/996. For further information please view - https://eur-lex.europa.eu/eli/reg/2024/996/oj  

You must not sell any products on Fruugo if they contain any banned substances, or if you sell products containing restricted substances that do not meet the conditions set out.

Lilial 

Lilial (butylphenyl methylpropional (BMHCA)) has been banned in both the UK since the 15th December 2022, and the EU since the 1st March 2022. Lilial is banned for use in cosmetics and acts a synthetic floral france ingredient in products such as perfumes, shower gels and deodorants. 

Lilial poses a risk of harm to the reproductive system. 

You must not sell any products on Fruugo if they contain Lilial.