Proposed CLP Regulation: Controversy around the classification of substances with more than one constituent (MOCS), and essential oils

On 30 June 2023, the Council finalized its position on the proposed CLP Regulation, focusing, among others, on the classification of “More than One Constituent Substances” (MOCS) including essential oils. The proposed CLP Regulation introduces a definition for multi-constituent substances and states that their classification should follow the same rules as mixtures when data on individual constituents is available unless specific provisions in Annex I to the CLP exist. To this end, if an individual constituent of the multi-constituent substance was classified as CMR (Carcinogenic, Mutagenic, or Toxic to Reproduction), and/or ED (Endocrine Disruptor), this classification would apply to the multi-constituent substance as a whole, even if data showed the absence or less severe properties for the substance. However, Cosmetics Europe, the European Federation of Essential Oils, and the European Federation of Pharmaceutical Industries and Associations have expressed concerns about the proposed approach, with differing views on classification methods and potential impacts on industries.