cosmetics
Banned Cosmetic Ingredients: The US vs EU Gap Explained
Banned cosmetic ingredients vary by region. The EU prohibits more than 1,600 substances under Annex II of Regulation 1223/2009, while the US FDA prohibits or restricts only about 11, such as mercury compounds, chloroform, and vinyl chloride. Several US states now add their own bans, including PFAS in California from 2025.
| European Union | United States (federal) | |
|---|---|---|
| Prohibited substances | 1,600+ (Annex II) | About 11 |
| Main law | Regulation (EC) 1223/2009 | FD&C Act 1938, updated by MoCRA 2022 |
| Pre-market approval | No, but a safety assessment is required before sale | No |
| Fragrance allergen labeling | 26 named allergens, expanding to 80+ | Not yet required; MoCRA rule pending |
| PFAS in cosmetics | EU-wide restriction under review | No federal ban; state bans from 2025 |
| Hydroquinone | Not allowed in cosmetics | Prescription only since CARES Act 2020 |
| Formaldehyde in hair straighteners | Restricted with warning thresholds | Legal; FDA ban proposed |
Key takeaways
- The EU prohibits more than 1,600 cosmetic substances, while the US FDA prohibits or restricts about 11.
- MoCRA (2022) modernized US oversight but added no pre-market approval and no new banned cosmetic ingredients.
- PFAS bans now apply in California and several other states, with no federal cosmetics ban yet.
- Hydroquinone lost over-the-counter status after the 2020 CARES Act, and formaldehyde hair straighteners face a proposed FDA ban.
- The single word fragrance or parfum can legally hide dozens of ingredients, so treat it as an unknown when comparing products.
In this article
Why the EU Bans 1,600+ Cosmetic Ingredients and the US About 11
The phrase "banned cosmetic ingredients" means something very different depending on where you shop. In the European Union, Annex II of Regulation (EC) 1223/2009 lists more than 1,600 substances that cannot be used in cosmetics at all. Every entry is searchable in the EU's public CosIng database.
In the United States, the FDA's list of prohibited and restricted cosmetic ingredients covers about 11 items. They include mercury compounds (except trace amounts in eye-area products), chloroform, vinyl chloride, bithionol, hexachlorophene, and methylene chloride.
Why the raw count overstates the gap
Many EU Annex II entries are industrial chemicals, drugs, or pesticides that no cosmetics maker would use anyway. The EU list is built to be exhaustive. The US list only names substances that caused a documented problem.
The deeper difference is philosophy. The EU applies a precautionary principle and restricts substances before harm is proven at cosmetic doses. The US generally waits for evidence, then acts. Neither approach is a verdict on any single product on your shelf, and our banned food ingredients guide (part 1 of this series) shows the same pattern in food.
What MoCRA Changed in 2022 and What It Left Alone
The Modernization of Cosmetics Regulation Act, known as MoCRA, was signed in December 2022. It is the first major update to US cosmetics law since the Federal Food, Drug, and Cosmetic Act of 1938.
What MoCRA added
- Facility registration and product listing with the FDA.
- Mandatory reporting of serious adverse events.
- Records showing each product has adequate safety substantiation.
- FDA authority to order recalls.
- Future rules on fragrance allergen labeling and manufacturing practices.
What MoCRA did not add
There is still no pre-market approval for cosmetics in the US. A company does not need FDA sign-off on a formula before selling it. MoCRA also did not lengthen the short list of banned cosmetic ingredients or adopt the EU's Annex II.
In practice, the label remains your first line of defense. Reading the INCI list (the standardized ingredient names printed on cosmetics) matters more in the US, because fewer substances are screened out before reaching the shelf. Scanning a barcode with ScanVeer turns that list into a quick check instead of a research project.
Formaldehyde, PFAS, Hydroquinone: Rules Shifting Right Now
Three ingredient stories show how US rules shift one substance at a time rather than through a single big list.
Formaldehyde in hair straighteners
Some hair-smoothing products contain formaldehyde or "formaldehyde releasers" such as DMDM hydantoin, which give off formaldehyde gas when heated. The FDA has announced a proposed rule to ban formaldehyde and formaldehyde-releasing ingredients in these products. Until a rule is final, they remain legal to sell. The EU already restricts formaldehyde and requires a warning when releasers exceed a set threshold.
PFAS in cosmetics
PFAS are "forever chemicals" used for water resistance and smooth texture. There is no federal cosmetics ban, but California's AB 2771 prohibits intentionally added PFAS in cosmetics sold in the state from January 1, 2025. Colorado, Maine, Minnesota, and Washington have passed similar laws. On a label, look for INCI names containing "fluoro" or "PTFE".
Hydroquinone
Hydroquinone is a skin-lightening agent. The 2020 CARES Act reformed how over-the-counter drugs are approved, and hydroquinone did not qualify for continued OTC sale, so it now requires a prescription in the US. The EU does not allow it in cosmetics. None of this says a specific product harmed anyone. It says which substances regulators decided were not worth the risk.
Why Fragrance Hides Ingredients and How ScanVeer Flags Them
Even an accurate ingredient list has one legal blind spot. In the US, the Fair Packaging and Labeling Act lets companies list "fragrance" or "parfum" as a single word to protect trade secrets, as the FDA explains on its fragrance page. That one word can stand for dozens of undisclosed substances.
The EU requires 26 known fragrance allergens to be named individually above a threshold, and a 2023 update expands that list to more than 80. MoCRA directs the FDA to create a similar US rule, but it is not yet in force.
How ScanVeer checks a cosmetic barcode
When you scan a cosmetic, ScanVeer reads the product's INCI list and compares each name against reference lists, including EU Annex II, the FDA prohibited list, and state PFAS restrictions. A match is flagged in plain language before you buy. Undisclosed "fragrance" also lowers the transparency part of the 0-100 score, because you cannot evaluate what you cannot see. Our scoring methodology is public, and we accept no brand payments.
Honest limits: ScanVeer can only check what the label discloses. It cannot detect contaminants or unlisted ingredients, and a flag is not a medical judgment. For hormone-active ingredients specifically, see our cosmetic ingredient scanner guide. Then download ScanVeer free and scan the next product in your cart.
Our verdict
On breadth, the EU wins by a wide margin: it screens out far more substances before they reach a shelf. For a US shopper, though, the practical winner is a habit rather than a legal system. Read the INCI list, treat fragrance as an unknown, and use a scanner that checks names against the EU list and state laws too.
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Download ScanVeer freeFrequently asked questions
How many cosmetic ingredients are banned in the US versus the EU?
The US FDA prohibits or restricts about 11 ingredients, including mercury compounds, chloroform, vinyl chloride, and bithionol. The EU prohibits more than 1,600 substances under Annex II of its Cosmetics Regulation. The counts are not perfectly comparable, since many EU entries are chemicals never used in cosmetics anyway.
Did MoCRA ban any new cosmetic ingredients?
No. MoCRA, the 2022 update to US cosmetics law, added facility registration, adverse event reporting, safety substantiation records, and recall authority. It did not expand the list of banned cosmetic ingredients or introduce pre-market approval. Ingredient decisions in the US still happen case by case.
Are PFAS banned in cosmetics in the United States?
Not federally. California's AB 2771 bans intentionally added PFAS in cosmetics sold in the state from January 1, 2025, and Colorado, Maine, Minnesota, and Washington have passed similar laws. Elsewhere in the US, PFAS remain legal in cosmetics. Check labels for INCI names containing fluoro or PTFE.
Why does my cosmetic label just say fragrance or parfum?
US labeling law treats fragrance formulas as trade secrets, so companies can list the whole blend as one word. That single term may cover dozens of substances. The EU requires named fragrance allergens above a threshold, and MoCRA directs the FDA to create a similar US rule that is not yet final.
Can ScanVeer tell me if a cosmetic contains a banned ingredient?
ScanVeer compares each INCI name on a scanned product against reference lists, including EU Annex II, the FDA prohibited list, and state PFAS restrictions, and flags matches before you buy. It can only check what the label discloses, so it cannot detect contaminants or unlisted ingredients.