Hair Dye & Nail Product Compliance (TPO Ban)

Quick Answer

Hair colours and nail products are two of the most closely regulated cosmetic categories. Hair dyes rely on ingredients listed in Annex III (restricted substances) that come with maximum concentrations and mandatory warnings. Nail systems have recently seen a major change: the gel-nail photoinitiator TPO was added to the EU's list of prohibited substances, with a separate timetable in Great Britain. If you make or import either type of product, check every ingredient against the current annexes before you finalise the formula, and again whenever the law changes.

Part 1: Hair Colour Products

Why Annex III matters so much

Many hair dye ingredients are not banned, but they are only allowed under conditions. Annex III sets out, for each listed substance, the product type, any maximum concentration and the wording of conditions of use and warnings that must appear on the label. In the version of Annex III I reviewed (a 2020 snapshot), oxidative hair dye entries typically require the warning "Hair colourants can cause severe allergic reactions", and entries for phenylenediamines also require the label statement "Contains phenylenediamines". Some entries add instructions about when not to colour hair, such as after a previous reaction. Resorcinol has its own "Contains resorcinol" statement.

That snapshot is dated. Concentration limits and wording are amended over time, so do not copy numbers from a blog, including this one. Always check the current Annex III entry for each colourant, and ask your safety assessor to confirm the wording on your label. Our guide to Annexes II to VI explains how the lists fit together.

Limits apply to the product as used

Some Annex III hair-dye entries express the limit "after mixing", meaning the concentration in the ready-to-use product once the colour and developer are combined. This is exactly why the assessor needs the full usage instructions, as discussed in our guide to salon and professional products. Some entries also differ between hair and eyelash colouring, and one entry covers professional eyelash colouring only, with its own warning. Check that your product type is the one the entry permits.

A hair colour checklist

• List every colourant, coupler, solvent and preservative and check each against Annexes II to VI.
• Record the concentration as supplied and after mixing.
• Copy the exact Annex III warning wording to the label and to any leaflet.
• Make sure the CPSR describes the mixing ratio and the intended user (consumer or professional).
• Keep supplier specifications that show each colourant's identity and purity.

Part 2: Nail Products and the TPO Change

What happened in the EU

The Irish regulator HPRA reports that TPO (trimethylbenzoyl diphenylphosphine oxide) was added to the list of prohibited substances in Annex II of the EU Cosmetics Regulation by the seventh CMR Omnibus, published on 12 May 2025. The ban took effect on 1 September 2025: from that date, products containing it must no longer be sold or made available on the market, and HPRA notes that no transitional period applies to existing stock. TPO had previously been allowed in professional nail products, and was banned after being classified as a CMR substance (Category 1B). You can read HPRA's summary for the detail.

What is reported for Great Britain

Great Britain follows its own process. A trade-press report by Scratch magazine (published 9 March 2026) states that the Office for Product Safety and Standards published a Statutory Instrument in January 2026 that amends the annexes and includes the TPO ban, with two key dates: 15 August 2026 for placing TPO-containing products on the GB market, and 14 February 2027 for making them available to professionals, with professionals able to keep using stock bought before that date. It adds that the EU ban applies in Northern Ireland. Because this is a secondary source, confirm the dates and scope in the legislation itself before relying on them. You can read the original Scratch report.

What brands should do now

1. Audit every UV/LED gel, builder and base or top coat for TPO, including under any alternative name.
2. Reformulate or withdraw affected products for markets where the ban applies.
3. Update the CPSR and PIF for the new formula, as covered in keeping your PIF up to date.
4. Update the notification where notified information changes, using our CPNP vs SCPN guide.
5. Check distributors and salons hold no non-compliant stock they could be expected to sell or use.

Common Mistakes

Mistake #1 — Relying on an old formula sign-off. A formula that was compliant two years ago may now include a restricted or prohibited ingredient.

Mistake #2 — Paraphrasing Annex III warnings. The label must carry the required wording, not a softer version.

Mistake #3 — Treating UK and EU dates as identical. Great Britain, the EU and Northern Ireland can apply different dates to the same change.

Mistake #4 — Forgetting the supplier. A supplier can change an ingredient grade or blend without telling you; request written confirmation of composition.

Frequently Asked Questions

Are hair dyes banned or just restricted?

Many hair dye ingredients are permitted but restricted. Annex III sets conditions such as maximum concentrations and mandatory label warnings. Always check the current entry for each substance.

Is TPO banned in nail products?

In the EU, TPO was added to the prohibited list in Annex II and the ban applied from 1 September 2025. Great Britain has its own timetable, reported as 15 August 2026 for placing on the market and 14 February 2027 for making available. Confirm the current dates in the legislation.

Do I need to update my notification if I reformulate?

Yes. Notified information must be updated without delay when it changes, and your CPSR and PIF must also reflect the new formula.

Does professional-only status exempt a nail or hair product?

No. A product for professionals is still a cosmetic if it meets the definition, so the same annex restrictions, safety assessment and labelling rules apply.

Final Word

Hair colour and nail products change faster than most categories, because the ingredients that make them work are the ones regulators watch most closely. Build a routine: re-check every ingredient against the current annexes at each reformulation and at least once a year, and keep your CPSR and PIF in step.

Need a formula check for a hair or nail product? NestQual prepares CPSRs, PIFs and notifications for hair colour and nail ranges.

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Sources

1. Regulation (EC) No 1223/2009, Annex III (version 1 May 2020) — legislation.gov.uk
2. HPRA, TPO added to European Union list of prohibited ingredients — hpra.ie
3. Scratch magazine, Great Britain's TPO ban: key dates and what it means (trade press, March 2026) — scratchmagazine.co.uk
4. Related guides on this site: Annexes II to VI, salon and professional products

This article is for general information and does not constitute legal advice. Annex entries, concentration limits and dates change; always check the current legislation and confirm with a qualified safety assessor or Responsible Person.