California passes two new laws for beauty products

by Lebermuth, on Oct 15, 2020

California has been on the forefront of implementing regulations to create safer beauty products for consumers. They are now taking another stand and will be the first state in the US to ban several toxic ingredients in beauty & personal care products. 

Govern Gavin Newsom signed the Toxic-Free Cosmetics Act, Assembly Bill 2762, that will ban 24 ingredients from being using cosmetics. The bill will prohibit the use of  toxic ingredients such as mercury, formaldehyde, several parabens, phthalates, and compounds known as PFAS, PFOA, PFNA, along with many others commonly used as processing aids or preservatives. These ingredients have already been banned in over 40 countries as they are known to be harmful and linked to major health issues such as birth defects and cancer. The bill will go into effect January 1, 2025.

Children, communities of color and pregnant women are especially vulnerable to these ingredients, which are not actively regulated by the federal government.” ~ Govern Gavin Newsom

“For more than 80 years, Congress has neglected to increase the scope of the Food and Drug Administration’s authority over cosmetics, limiting the agency’s ability to ensure the safety of cosmetic products,” noted a statement from the Environmental Working Group, which cosponsored the legislation alongside Black Women for Wellness, Breast Cancer Prevention Partners and the California Public Interest Research Group. The organizations work to protect consumers and public health.

Cream, Lotion, Hands, Sunscreen, Spa, Skin, Wellness

Governor Gavin Newsom also signed the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, California SB 312, into law that will begin January 1, 2022.

This bill will require manufactures that sell cosmetics in California to disclose certain hazardous fragrance and flavor ingredient information to the Division of Environmental and Occupational Disease Control within the California State Department of Public Health (DPH). This information will be provided to consumers through the Safe Cosmetic Program database. 

The goal is to provide consumers with product safety information of their everyday beauty products, while also protecting manufactures trade secrets.

Under California SB 312 retail & professional product manufacturers will need to provide the following:

  • List of each fragrance or flavor ingredient included on one of the designated lists defined in the Act that is found in the cosmetic product, along with the CAS number;
  • List of each fragrance allergen as per Annex III of the EU Cosmetics Regulation No 1223/2009 and subsequent updates, with the CAS number, when at or above the following concentrations:
    - Rinse-off cosmetics: 0.01% (100 ppm)
    - Leave-on cosmetics: 0.001% (10 ppm)
  • If the product is intended for professional or retail cosmetic use; The UPC

 “As part of Fragrance Creators members’ commitment to responsible stewardship, we have long supported informing consumers of fragrance ingredients known to be potential sensitizers, so people with allergies can find products that work for them. ~Farah K Ahmed, President & CEO of the FCA (Fragrance Creators Association)

Overall, California's goal is to help improve the safety of consumer good products by driving reformulation and transparency. This will require many businesses to work feverishly to meet new safety standards.

Lebermuth is here to help! You can count on our experts to develop new fragrances or fragrance duplications that meet the ever evolving regulatory challenges.