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.
The two legal layouts (US)
| Layout | Rule | What it looks like |
|---|---|---|
| Strict descending | 21 CFR 701.3(a) | Every ingredient, highest to lowest, one sequence |
| Grouped | 21 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:
- A 0.3% ingredient placed before a 5% ingredient — not allowed in either market.
- A 0.3% ingredient placed among other ≤1% ingredients after all >1% ingredients — allowed in both.
- 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
- Treating the grouped layout as required. It is an alternative to strict descending, not the only legal form.
- Putting the ≤1% block before the colors but forgetting that colors go last even at 5%.
- Assuming fragrance sits under the ≤1% exception anywhere in the list. It still belongs to the ordered structure like any other ingredient.
- 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
- 21 CFR 701.3(a), (f) — eCFR, issue 2026-11-06
- FDA, Cosmetics Labeling Guide, “Order of Ingredient Declaration” — fda.gov
- Regulation (EC) No 1223/2009, Art. 19(1)(g) — consolidated text 18.05.2026
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.
Related: MoCRA label requirements · The EU 1% phenoxyethanol limit