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Do ingredients under 1% have to be listed in order?

Both the US and the EU allow a two-block layout: ingredients above 1% in descending order, then everything at 1% or less in any order, then color additives. But the under-1% block cannot float anywhere in the list. The rule text, side by side.

Short answer: yes and no. Ingredients above 1% must be in descending order; ingredients at 1% or less may be in any order after them; color additives come last. Both the US (21 CFR 701.3(a) and (f)) and the EU (Regulation 1223/2009 Art. 19(1)(g)) allow this layout — but the under-1% block has a fixed place in the list.

LayoutRuleWhat it looks like
Strict descending21 CFR 701.3(a)Every ingredient, highest to lowest, one sequence
Grouped21 CFR 701.3(f)(1) over 1%, descending; (2) 1% or less, any order; (3) color additives, any order

Two footnotes in the rule text that most summaries drop:

  • Paragraph (f)(2) ingredients (the ≤1% ones) may also be folded into the descending sequence of paragraph (f)(1). The grouped layout is optional, not mandatory.
  • Color additives may be listed in any order after the non-color ingredients, at any concentration — that is 701.3(f)(3).

The EU rule

The EU uses the same shape: the ingredient list is in descending order of weight at the time the ingredients are added; ingredients in concentrations of less than 1% may be listed in any order after those in concentrations of more than 1% (Regulation 1223/2009, Art. 19(1)(g)). Nanomaterials additionally take the word “nano” after their names.

The actual myth

The version that circulates in formulator groups is “under 1% can go anywhere in the list”. It cannot. Three orderings that look similar and are not:

  1. A 0.3% ingredient placed before a 5% ingredient — not allowed in either market.
  2. A 0.3% ingredient placed among other ≤1% ingredients after all >1% ingredients — allowed in both.
  3. A 0.3% ingredient placed in its descending position within the full list — also allowed (that is 701.3(a), or (f)(2) folded into (f)(1)).

Common mistakes

  1. Treating the grouped layout as required. It is an alternative to strict descending, not the only legal form.
  2. Putting the ≤1% block before the colors but forgetting that colors go last even at 5%.
  3. Assuming fragrance sits under the ≤1% exception anywhere in the list. It still belongs to the ordered structure like any other ingredient.
  4. Copying an EU list into a US label without checking which layout it uses. Both accept the grouped layout, so this one usually survives — but the type-size rules differ.

Sources

Last verified: 2026-11-10.

Not legal advice, and not a guarantee of compliance or of acceptance by any authority.

Want this checked against your own formula? Run the free label check. It accepts either layout, flags a formula that is in neither, and outputs the ingredient statement sorted strictly descending. It returns an issue list, not a print-ready label.

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