Did You Know? Microplastics Edition
The key to compliance is understanding the regulatory definitions of microbeads and microplastics. If you complied with the US microbead regulations years ago, you may not be compliant under the new European microplastics regulations. Additional reformulation is highly likely.
Microplastics come in different shapes & sizes and fall into two categories, primary & secondary microplastics. Primary microplastics are intentionally added into products & are directly released into the environment during normal usage. Think microbeads in face scrubs. Secondary microplastics are created when plastic waste like bottles degrade when exposed to the environment.
The Microbead-Free Waters Act of 2015 prohibits the sale of non-prescription, rinse-off cosmetic products containing plastic microbeads. In the US, plastic microbeads are defined as any solid plastic particle that is 5 mm or less in size and is intended to be used to exfoliate or cleanse any part of the body.
In 2018, Canada amended their Canadian Environmental Protection Act of 1999 to ban of use of microplastics in toiletries. In 2021, they included single-use plastics as well.
The EU has taken its time so that it can thoroughly review the sources of microplastics and ban all synthetic polymer microparticles, not just those found in cosmetics as was done in the US. But don’t worry, California has their own definition of microplastics to cover everything else.
The regulatory definition in the EU for synthetic polymer microparticles is:
Polymers that are solid and which are contained in particles and constitute at least 1% (w/w) of those particles or build a continuous surface coating on particles & at least 1% (w/w) of the particles meets any of these conditions:
(i) all dimensions are ≤5 mm;
(ii) the length is ≤15 mm & the length to diameter ratio is greater than 3.
Polymer Exemptions:
(a) from polymerization process that has taken place in nature, and not chemically modified
(b) that are proven degradable
(c) proven solubility > 2 g/L
(d) do not contain carbon atoms in their chemical structure.
The EU implementation schedule is generous and will allow brands to comply:
Rinse-off products – 10/17/27
Leave-on products and fragrance encapsulation 10/17/29
Make-up (including lip and nail products) – 10/17/2035. But, on 10/17/31, these products must be labeled with the statement, “This product contains microplastics”.
As of 10/17/25, all products containing microplastics must be labeled with instructions to consumers to not release microplastics into the environment.
For reference, here is California’s definition of microplastics:
Solid polymeric materials to which chemical additives or other substances may have been added, which are particles that have at least three dimensions that are greater than 1 nm and less than 5,000 µm. Polymers that are derived in nature that have not been chemically modified (other than by hydrolysis) are excluded.