This month two new bills were signed by the Governor of California, implementing new restrictions on cosmetic ingredients within the state. The first of these bills, titled AB-2762 (Cosmetic Products: Safety), includes a list of twelve substances, including Dibutyl phthalate, Isopropylparaben, and Isobutylparaben, to be prohibited in the manufacture, sale, deliver, or hold of cosmetic products in the state of California. While the bill was officially sent to the Governor for signature on September 11, 2020, these restrictions will not come into effect until January 1, 2025. It is also important to note, that this bill specifically applies to cosmetic products in which any of the ingredients detailed in the bill are intentionally added, and therefore, certain unavoidable trace quantities, such as “impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging”, will be considered exceptions to these restrictions and not in violation of the bill. For more information on AB-2762 (Cosmetic Products: Safety), the full legislation can be found here.

The second of the new bills to be implemented in the state of California is the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, which we previously reported on in August of last year. Taking effect January 1, 2022, this bill would require manufacturers of a cosmetic products that are sold within the state of California to “disclose to the Division of Environmental and Occupational Disease Control a list of each fragrance ingredient or flavor ingredient that is included on a designated list”, as well as a “list of each fragrance allergen that is present in the cosmetic product in specified concentrations”. The Division of Environmental and Occupational Disease Control will, in turn, include those fragrance and flavor ingredients of their pre-existing database, along with any known health hazards associated with them. The ingredients that will need to be disclosed include chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List, Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer and EU allergens. The primary objective of this is to provide consumers with more detailed information regarding the ingredients in their consumer products, past the generic “fragrance” or “flavor” term required by federal law. For more information of the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, the full legislation can be found here.

For more information, please contact Focal Point Research Inc. We are leading North American Regulatory and New Product Consultants for Medical DevicesNatural Health Products, OTC DrugsCosmetics, and other consumer products regulated by Health Canada and U.S. FDA.