Recently, there has been a debate about the content of certain substances in general consumer products. Specifically, it concerned substances that are restricted or banned in cosmetics and detergents.
In fact, the use of some substances in cosmetic products is completely prohibited. These include CMR substances, which are carcinogenic, mutagenic, and toxic to reproduction.
In the European Union, the Regulation 1223/2009/EC on cosmetic products generally bans the use of CMR substances in cosmetics, particularly those in categories 1A or 1B. A list of banned substances, including CMR substances, has been established.
In Bosnia and Herzegovina, this issue is currently regulated only in the Republic of Srpska through the Regulation on the Safety of General Consumer Products ("Official Gazette of the Republic of Srpska", no. 17/15, 13/17, and 39/23). It is also established that the use of substances classified as CMR categories 1A or 1B is not allowed in cosmetic products.
While regulations on cosmetics define lists of banned or restricted substances, this is not the case for detergents (except when it comes to phosphates).
So, a logical question arises: how can a substance be banned in a cosmetic product (e.g., hand soap) but allowed in detergents (e.g., dishwashing detergent)? Considering the intended use of these products, one might expect equal exposure to these substances through the skin.
So, what's the issue?
Chemical regulations are complex, but they provide answers to many contentious questions about the use of chemicals in different products. Their application across various product categories prevents the use of controversial substances in products where they are not banned by specific regulations.
In the case I'm discussing, chemical regulations restrict or prohibit the use of CMR substances in general-use detergents.
Annex XVII of the REACH regulation establishes a list of restricted or banned substances, which includes CMR substances. It is stipulated that these substances should not be placed on the market or used as substances or in mixtures for general consumer use above certain concentrations.
In Bosnia and Herzegovina, substances are regulated in the same way by the Regulation on Restrictions and Bans on Chemicals of the Republic of Srpska.
The prescribed restriction is general and not limited to individual product categories. Therefore, it includes detergents. However, categories for which there are bans in accordance with specific regulations, such as cosmetics, are exempt.
Therefore, we cannot always say that a substance banned in cosmetics is allowed in detergents or other similar products.
If no bans or restrictions are prescribed for a product category regarding the use of certain substances, always check the general chemical regulations.
Besides CMR substances, other substances and their use in various products are also regulated by restrictions. For example, the use of mercury in thermometers, asbestos in construction products, or chromium in leather footwear or clothing.
Keep in mind: regulations in Bosnia and Herzegovina or other non-EU countries are adopted with a delay. It is a demanding process, and EU regulations change very frequently. Therefore, there may be differences between what is allowed in the EU and what is allowed here.
If you find it difficult to interpret a restriction or ban, feel free to contact me at nina.pajovic@bens-consulting.eu.
nina.pajovic@bens-consulting.eu
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