Furocoumarins: Special Swiss regulation despite clear rejection by all stakeholders

The repeal of the Cassis-de-Dijon principle decided by the Federal Council for the Swiss limit values of furocoumarins in cosmetic products will result in high costs. Products that are available in all countries of the world will have to be reformulated for Switzerland, or will no longer be available at all. Furocoumarins are substances found in natural essential oils, such as those found in citrus fruits, celery or bergamot, which are often used as a base for fragrances.

Although 40 associations and organizations from the entire value chain had clearly spoken out against it in the consultation process, the Federal Council, at the request of the BLV, voted in its decision of December 8, 2023, to repeal the Cassis-de-Dijon principle for the special regulation of furocoumarins in Art. 6 para. 1 VKos.

Strangely, the negative result of the consultation process was only published after the Federal Council's decision. This unusual and dubious approach has caused consternation throughout the entire value chain, both nationally and internationally.

Accordingly, the Cassis-de-Dijon principle for Article 6 paragraph 1 VKos will be repealed. Cosmetic products that do not comply with this article may only be imported or manufactured under the previous law until December 31, 2025, and be sold to consumers until stocks are exhausted.

The International Fragrance Association (IFRA) and is working on a globally valid self-regulation of the industry for furocumarins; a first draft for the 52nd adaptation of the IFRA standards is available.

The industry was at least able to reach an agreement with the responsible Swiss authorities on which furocumarins will be subject to the special regulation in the future and which will not. These so-called “marker substances” will be included in the current revision of Art. 6 para. 1 VKos. No agreement was reached on the scope of application : all cosmetic products that remain on the skin (leave-on products) and may be directly exposed to sunlight must comply with the limit value of < 1 mg/kg in the end product.