Acting under Article 31(1) of Regulation 1223/2009, and after consulting the Scientific Committee on Consumer Safety, the European Commission adopted Regulation 2021/ABC, which provisionally prohibits the use of Molecule X for the manufacture and sale of cosmetics in the European Union, by amending the relevant annex of Regulation 1223/2009.

According to the Scientific Committee, Molecule X is likely to be carcinogenic if its use exceeds certain quantities. However, based on existing research, the Scientific Committee could not determine conclusively whether this risk would only exist if the quantity exceeded 1 mg or a slightly lower quantity would be sufficient to give rise to such risk. Under Commission Regulation 2021/ABC, the use of Molecule X will nevertheless be completely prohibited for a period of one year from the entry into force of the Regulation in order to protect human heath. After that, the Commission will reevaluate the situation in light of the then available scientific proof.

Commission Regulation 2021/ABC was adopted on September 1, 2021 and published in the Official Journal of the European Union on September 2. Under Article 2 of the Regulation, it shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Cosnatural Plus S.A. is a manufacturer of cosmetics. Its most widely sold product is a cosmetic the main ingredient of which is an oil that contains Molecule X. Since the entry into force of Commission Regulation 2021/ABC, it has already experienced a decrease in its sales as the cosmetic containing Molecule X used to account for approximately 40% of its total annual sales.

AdviseCosnatural Plus S.A. whether it would have a legal remedy to challenge Commission Regulation 2021/ABC directly before the Union Courts.