The European Commission has banned 22 cosmetic ingredients, including TPO, commonly used in gel nail products. Cosmetics containing TPO cannot be marketed or supplied in the EU from 1 September 2025. Our Products team discusses the ban.
The European Commission published the latest CMR[1] Omnibus Regulation[2] in May 2025. This legislation added 22 substances to the list of ingredients prohibited in the use of cosmetic products.
One of these ingredients was Trimethylbenzoyl diphenylphosphine oxide (TPO). TPO is commonly used in UV gels and other hybrid products which are hardened and cured under a UV light, to create a gel nail finish. TPO has now been classified as a CMR category 1B substance.
Why was the ban deemed necessary?
Under Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures (as amended) (CLP Regulations)[3], substances deemed carcinogenic, mutagenic, or reprotoxic (CMR) are classified into three categories based on the strength of evidence for their hazardous effects.
Under the CLP Regulation, TPO has now been classified as belonging to CMR Category 1B. This category is for substances for which CMR effects are possible "but there is a need for further research to confirm the full effects". The TPO prohibition followed animal studies which linked TPO to long-term fertility issues. These studies also linked TPO products to causing skin irritation.
Article 15(2) of Regulation (EC) 1223/2009 on cosmetics products (Cosmetics Regulation), prohibits the use of any Category 1B CMR substances in cosmetics products. The list of prohibited substances can be found in Annex II of the Cosmetics Regulation. This list now includes TPO.
It is acknowledged that there is a tension between CLP and the Cosmetics Regulation. The European Commission announced a proposal in July 2025 to update the Cosmetics Regulation and reduce the administration and compliance burdens for cosmetics businesses. The proposal includes clarification and simplification of Article 15(2) of the Cosmetics Regulation noting that the existing derogation procedure from the generic prohibition on the use of CMR substances will “be set out in more detail considering the experience gained over more than 10 years”, with the intention of preventing any unintentional bans on ingredients that are safely used in cosmetics products but are prohibited under CLP. However, we do not expect updates to the Cosmetics Regulations to be made until at least the end of 2026.
What should stakeholders do now?
It is important to note that there is no ‘sell-through’ or ‘use-up’ period for cosmetic products containing TPO. It is prohibited to place any cosmetics on the EU market that contain TPO or to make them available from 1 September 2025.
This means that:
- Any new product that contains TPO cannot be placed on the market from 1 September 2025
- Any cosmetic product that has been placed on the market prior to 1 September 2025 cannot now be supplied, transferred or made available
- Professional users, e.g. nail technicians, must not use affected products on clients, and
- Affected stock should now be withdrawn from the EU market
Manufacturers are required to reformulate products without TPO. EU Responsible Persons will also need to ensure the products for which they are responsible comply with the prohibition on TPO.
What are other markets doing?
The UK is considering imposing a ban in late-2026. However, until then, cosmetics products containing TPO are still permitted on the market.
The US is yet to legislate on TPO, with products containing TPO still readily available on the market.
Conclusion
Businesses that are manufacturing or supplying cosmetic products containing TPO should ensure compliance with the prohibition.
Cosmetics businesses and other interested parties should ensure they keep up to date with any further announcements from the European Commission on anticipated updates to the Cosmetics Regulations and consider contributing to any further public consultations.
For more information and expert advice, contact a member of our Products team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
[1] Carcinogen, mutagen and reprotoxic
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