Austria Wants Pure Essential Oils Fully Caught by CLP

Pure essential oils should be fully caught by the labelling requirements under the CLP Regulation, Austria proposed at the meeting of the competent authorities (CAs) for REACH and CLP (Caracal) on 22-23 March.

Essential oils for cosmetics are usually considered to fall under a CLP derogation for cosmetic products. These are exempt from the law's requirements because the cosmetic products Regulation lays down more specific rules on their classification and labelling.

But the Austrian CA argues that only mixtures containing essential oils – such as bathing additives or massage oils – should qualify for exemption. Pure essential oils should always be subject to CLP because they are not considered a cosmetic product in the finished state.

The CA backs this argument with an Echa helpdesk FAQ from 2015, which says that any substance or mixture which is not in the finished state must comply with CLP.

Most essential oils are mixed with oil, water, or other components, before they are applied. It is "highly unlikely to almost unthinkable" that pure essential oils could be assessed as safe for direct contact with skin, the Austrian CA says.

Unlabelled oils a 'serious hazard'

More and more suppliers, says Austria, neither label nor apply child-proof fastenings to their essential oil products with reference to the exemption for cosmetics – and many claim cosmetic purposes only to avoid proper CLP labelling. But the substances in the essential oils, it says, are, in almost all cases, classified into different hazard categories in the classification and labelling inventory.

It calls this a "serious hazard" to workers and consumers, especially children. Some essential oils are harmful if swallowed, inhaled, or if they come into contact with skin or eyes.

"Therefore, making clear that pure essential oils are always subject to CLP would lower their risk."

But ready made mixtures with essential oils, such as bathing additives or massage oils, need not be subject to CLP. Cosmetics kits, such as almond oil and essential oils in one package, would also not be subject to the law – but the individual component (if not a cosmetic product by itself) should be subject to both CLP and the cosmetics Regulation.

This approach, says Austria, would mean there was consistent application of CLP labelling and child-resistant fastening to all pure essential oils, regardless of their intended or claimed use as cosmetic product.

The CA wants it proposals to be discussed at the next meeting of the European Commission's Standing Committee on Cosmetic Products. But the Commission told Chemical Watch it is more likely this will happen in the sub-group on borderline products of its working group on cosmetic products, because essential oils are considered "predominantly a borderline issue". This group includes both member states and industry stakeholders.

Neither the Standing Committee nor the sub-group has its next meeting date confirmed yet, the Commission said.

The European Federation of Essential Oils (Efeo) was contacted for comment on the proposal but did not respond by the publishing deadline.