2026 has been pivotal for the beauty industry. With British Beauty Week launching its ‘Impact of Beauty’ report, highlighting the sector’s growing importance to the UK economy, cosmetics businesses have been analysing and reviewing operations to capitalise on a market worth £28.3 billion last year.
One sector highlighted in the report was the nail industry. Nail care services reportedly generated revenues of around £954.6m in 2025, which equates to 15.5% of revenues generated by the UK’s hairdressing and beauty treatment industry as a whole. Nevertheless, the nail industry has been rocked by the recent trimethylbenzoyl diphenylphosphine oxide (TPO) ban. Following the ban, salons must invest in new products and cosmetics manufacturers urgently need to develop new formulas, and bring them to market, to avoid losing market share.
On the surface, the TPO ban could seem a negative for the industry. However, the ban could also prove to be a significant market opportunity for innovators that succeed in bringing new formulas to market ahead of the competition. This could be the perfect time for manufacturers to create products that are safer, kinder to the skin and futureproofed against future ingredients bans.
From an intellectual property perspective, changes in legislation impacting the composition of market-leading products could present an opportunity for innovators to extend their ownership rights in a fast-developing market. They can then drive revenues through use of licensing agreements. All eyes will be on what happens next in the nail care services sector.
Why is the TPO ban a challenge for manufacturers?
Gel manicures typically use ultraviolet (UV) lamps to cure gel polish onto the nails, resulting in a long-lasting, glossy finish. TPO has historically been used in gel polish formulations as the main photoinitiator enabling the gel to harden quickly under a lamp, but it can sensitise nails leading to allergic reactions and contact dermatitis. Both the EU and UK have banned the ingredient in nail formulas, and from 14 February 2027, distributors and retailers can no longer sell or supply products containing TPO.
The challenge for manufacturers lies in making a product (without TPO) that is universally stable, dries quickly, applies easily and provides the high-shine, long-lasting look that customers want. As gel polish formulations have several jobs to fulfil, it is unlikely to be a simple case of swapping TPO out for an alternative ingredient. Instead, rigorous testing will be needed to develop new formulations from scratch.
How are manufacturers responding to the challenge?
A spike in innovation activity is expected across the nail technology sector. However, it is not yet possible to see the scale of activity underway as it is highly likely that many patent applications are yet to be published.
We are expecting to see a wave of new formulations containing photoinitiators as a replacement for TPO, such as TPO-L or BAPO which are not currently subject to the same ban. We could also see new formulations containing a blend of photoinitators, as opposed to relying on just one. It is possible that these like-for-like alternatives could have only a limited lifespan, however, as regulations could tighten further.
Innovators could also focus on alternative curing systems, such as products that harden under LED rather than UV, and therefore don’t need a photoinitiator. Or they could develop gel systems that cure using moisture rather than light or invent new formulations using different types of polymer.
The TPO ban could inspire some manufacturers to move away from traditional gel nail products all together. Nail wraps, for example, are pre-cured products that can be applied easily by the consumer at home, without the need for any liquid chemicals that could come into contact with the skin.
In this buoyant segment of the cosmetics industry, which is attractive to investors, a wave of new product innovation is expected in the coming months.
Which innovative technologies are currently being explored?
Close analysis of the patent landscape shows that some innovation activity reveals some key areas of focus for innovators as follows:
- ThreeBond Co., Ltd.: Photocurable Nail Composition [WO2024/095925] – Explores new combinations of acrylates and photoinitiators to improve the gloss, durability and abrasion resistance of gel nail products.
- International Lacquers SA: HEMA-Free Nail Polish Composition [WO2026/082804] – Develops gel nail formulations without HEMA or Di-HEMA trimethylhexyl dicarbamate, while maintaining product performance and removability.
- International Lacquers SA: Semi-Cured Gel Nail Sticker [KR102313488 B1] – Explores an alternative to traditional liquid gel polish, using layered materials to provide flexibility during application and hardness after curing.
These examples demonstrate the scope of innovation activity – with some businesses focused on reformulating solutions to avoid use of TPO whilst others are looking to replace the need for gel nail polish altogether.
What should manufacturers do to protect new formulations or products?
As with any product innovation strategy, manufacturers should seek specialist intellectual property advice at an early stage and use it to inform their decision making.
In general, securing patent protection for innovations could bring with it a right to 20-years’ market exclusivity – a significant commercial opportunity. Understanding the patent landscape is also important to avoid risk of patent infringement, potentially leading to commercial litigation.
Innovations should be protected before being disclosed publicly, including at trade shows, and manufacturers should also consider patenting novel ingredient combinations, as well as entire formulations, as these could potentially be used in other products. Alternative curing systems, nail wraps and packaging technologies could also be protected by registered designs. Trade marks can also provide an additional layer of protection for the names, brands and logos used to distinguish new products in the marketplace.
If you have any questions or would like further advice on this topic, please contact your usual W&R contact.
Ailis Shuttleworth
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP October 2026
