In May 2024, UK issued the Product Safety and Metrology etc. (Amendment) Regulations 2024, affirming the continued recognition of EU compliance requirements for 21 product categories, including aerosols. With the regulation effective on October 1, 2024, stakeholders are given the option to use either UK or EU conformity marking for sales in Great Britain (GB) beyond the previous deadline of December 31, 2024.1
In addition to UK Regulation (EC) No 1223/2009 (the Cosmetics Regulation), cosmetic aerosols with a volume of 50 ml or greater aimed at the GB market shall comply with the Aerosol Dispensers Regulations 2009. This regulation specifies that cosmetic aerosols shall be labelled with a conformity marking, and outlines the relevant criteria for aerosols to be qualified for this marking. Before Brexit, the marking was the "3" (inverted epsilon) as per EU requirements. Following Brexit, the UKCA (UK Conformity Assessed) marking has replaced the inverted epsilon for aerosols since January 1, 2021, with specific transitional periods:
The Date of Product Release for GB Market | Accepted Markings |
From January 1, 2021, to December 31, 2024 | UKCA, or the inverted epsilon |
Since January 1, 2025 | UKCA (the marking is allowed to be placed on an affixed label or document) |
Since January 1, 2028 | UKCA (the marking shall be placed on the product itself or its packaging) |
The Product Safety and Metrology etc. (Amendment) Regulations 2024 includes revisions to Article 5A of the Aerosol Dispensers Regulations 2009, removing the four-year time limit that started on January 1, 2021, for the sale of aerosols marked with the inverted epsilon on the GB market. Consequently, businesses now have the flexibility to use either the inverted epsilon or the UKCA marking to sell aerosols in GB beyond the deadline of December 31, 2024.
Additionally, in response to business feedback, the UK government plans to introduce another statutory instrument in 2024 to implement further measures. This new instrument is expected to offer permanent labelling flexibility, which will allow:
The UKCA marking to be affixed to a sticky label or included in an accompanying document;
Importers of goods from any country outside the UK to provide their details either on the product, on the packaging, on an adhesive label, or in an accompanying document;
The utilization of digital labelling, as a voluntary option, to display the UKCA marking, as well as details for manufacturers and importers.
Further details about these measures will be provided by the UK government in due course, including the specific regulations to which these measures will apply.
Further Reading
UK SAG-CS Issues Opinions on Dihydroxyacetone, Benzophenone-3, and Octocrylene
UK to Revise Cosmetic Ingredient Lists: 65 Prohibited and 1 Restricted Ingredients Added