How to notify products containing nanomaterials

Nanomaterials in Annex 4, 5 or 6 of EC regulation 1223/2009

For all cosmetic products on the market containing nanomaterials listed in Annex 4, 5 or 6 of EC regulation 1223/2009 and used in accordance with the restrictions for that material you must submit:

  • its chemical name (IUPAC)
  • how it is intended to be used
  • information and data on reasonably foreseeable exposure conditions

This is done as part of the cosmetic product notification.

Nanomaterials not in Annex 4, 5 or 6 of EC regulation 1223/2009

For cosmetic products which contain nanomaterials not listed in Annex 4, 5 or 6, that is, used for another purpose other than as a preservative, UV-filter or colourant, you need to notify details of the nanomaterial and include:

  • whether it was notified in the EU before 1 January 2021 and if so, when it was first notified
  • the International Union of Pure and Applied Chemistry (IUPAC) name
  • the quantity expected to be placed on the market each year
  • the specification, including the size of particles, physical and chemical properties
  • the droplet size and distribution when sprayed
  • the toxicological profile
  • the safety data relating to the category of products in which it will be used
  • whether it reacts or changes its properties in certain conditions, for example, if its photocatalytic

Note that you cannot use a nanomaterial as a preservative, UV-filter or colourant that is not listed in the Annexes.

When you can place products containing nanomaterials on the market

Products containing a nanomaterial notified in the EU before 1 July 2020 and placed on the market before 1 January 2021 can remain on the market if you submit a product notification before 31 March 2021.

Products containing nanomaterials notified in the EU after 1 July 2020, but before 1 January 2021 can be placed on the GB market 7 months after first being notified in the EU. As the cosmetic product has not been on the GB market prior to 1 January 2021, the product must be notified before being placed on the GB market.

Products containing nanomaterials notified in GB after 1 January 2021 can be placed on the market 6 months after the nanomaterial has first been notified.