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European Commission prohibits the use of Tagetes erecta flower extract and Tagetes erecta flower oil, and at the same time restricts the use of Tagetes minuta and patula extracts and flower oils in cosmetic products.

SAFEGUARDS | Cosmetics, Personal Care & Household NO. 118/18

SafeGuardS essential oil 

The European Commission has prohibited the use of Tagetes erecta flower extract and Tagetes erecta flower oil, and at the same time restricted the use of Tagetes minuta and patula extracts and flower oils in cosmetic products.

Widely used in many fragrance compounds as ingredients in perfumery, these substances were neither restricted nor prohibited in Cosmetics Regulation (EC) 1223/2009.

However, following consideration of the Scientific Community on Consumer Products (SCCP) opinion 0869/05 which advised the presence of potential risk to human health with the use of Tagetes erecta flower extract and Tagetes erecta flower oil in cosmetic products, these substances have been prohibited by the European Commission.

In addition, following SCCP opinions 0869/05, SCCS/1551/15 and comment from the Scientific Committee on Consumer Safety (SCCS) meeting on October 6, 2016, the European Commission decided to restrict the use of Tagetes minuta and patula extracts and flower oils at a maximum concentration of 0.01% in leave-on cosmetic products and 0.1% in rinse-off cosmetic products, while the content of alpha terthienyl (terthiophene) in the extracts or oils shall not exceed 0,35 %. They are also not allowed for use in sunscreen products and products marketed for exposure to natural/artificial UV light.

The amendment is made in Commission Regulation (EU) 2018/978, which entered into force on July 29, 2018.

Entry Added (Annex II)

Chemical name/ INN/ XAN

Tagetes erecta flower extract

Tagetes erecta flower oil

CAS number 90131-43-4
EC number 290-353-9
Timeline From May 1, 2019 cosmetic products containing that substance shall not be placed on the Union market. From August 1, 2019 cosmetic products containing that substance shall not be made available on the Union market.

Entry Added (Annex III)

Chemical name/ INN/ XAN

Tagetes minuta flower extract

Tagetes minuta flower oil

Name of Common Ingredients Glossary

Tagetes minuta flower extract

Tagetes minuta flower oil

CAS number

91770-75-1;

91770-75-1 / 8016-84-0

EC number 294-862-7
Maximum concentration in ready for use preparation

(a) 0.01% in leave-on products

(b) 0.1% in rinse-off products

Others

For (a) and (b): Alpha terthienyl (terthiophene) content in the extract/oil ≤ 0,35 %.

For (a): Not to be used in sunscreen products and products marketed for exposure to natural/artificial UV light.

For (a) and (b): In case of combined use with Tagetes patula, the total combined content of Tagetes in ready for use preparation shall not exceed the maximum concentration limits set out above.

Timeline From May 1, 2019 cosmetic products containing that substance and not complying with the restrictions shall not be placed on the Union market. From August 1, 2019 cosmetic products containing that substance and not complying with the restrictions shall not be made available on the Union market.

Source of information:

  1. Commission Regulation (EU) 2018/978 of 9 July 2018 amending Annex II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products [1]
  2. SCCP/0869/05 [2]
  3. SCCS/1551/15 [3]
  4. SCCS 2nd Plenary term 2016-2021, Meeting date 06 October 2016, Meeting Minutes [4]

Next step:

Cosmetic manufacturers shall start fading out the use of Tagetes erecta flower extract and Tagetes erecta flower in cosmetic products. Also, if cosmetic products contain Tagetes minuta and patula extracts and flower, it is recommended that the usage level and purity are double-checked in order to prepare for these regulatory changes.

For enquiries, please contact:

Queenie TSE

Consumer and Retail
Cosmetics, Personal Care and Household (CPCH)
Senior Technical Service Executive
t: +852 2765 3672 (ext 1672)

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