On 7 August 2025, the European Commission services issued a Questions & Answers document to clarify the prohibition of Trimethylbenzoyl Diphenylphosphine Oxide (TPO) in cosmetic products, which takes effect on 1 September 2025 under Regulation (EU) 2025/877. TPO was classified as a CMR category 1B reproductive toxicant by Commission Delegated Regulation (EU) 2024/197, triggering its automatic inclusion in Annex II of the Cosmetics Regulation. As no derogation request was submitted, the ban applies without exception.

From that date, both placing on the market and making available TPO-containing products are prohibited. This covers not only the introduction of new products but also any continued supply, distribution or professional use, including by nail technicians and salons, as such activities constitute “making available on the market” in the course of commercial activity. Unlike under REACH, there is no transitional period or “sell-through” provision in the Cosmetics Regulation; once the classification takes effect, use must stop immediately.

The Commission stresses that earlier SCCS opinions finding limited safe uses of TPO are no longer valid following its new classification. Businesses must therefore withdraw existing stock, discontinue professional use, and source compliant alternatives. While the Commission recognises the impact on economic operators, especially SMEs, it is legally bound to apply the prohibition as adopted. A revision of the Cosmetics Regulation has been proposed to improve predictability and engagement with stakeholders, but until endorsed, the current framework applies.