NEW YORK Proposed Bill S.4265 – Ingredient Restrictions and Prohibitions Proposed

by | May 22, 2024 | U.S. Regulatory, U.S. State Updates

The state of New York has proposed a bill S.4265 to amend the environmental conservation law, in relation to the regulation of ingredients in personal care products and cosmetics.

This act shall be known by “Safe Personal Care and Cosmetic Act”.

A large number of chemicals are used in cosmetics and personal care products, which are associated with asthma, allergies, hormone imbalances, neurodevelopmental defects, infertility and even cancer. The legislature has declared that federal restrictions of harmful chemicals in personal care and cosmetic products are inadequate to educate and protect consumers and salon workers, and it shall be the policy of the state to restrict chemicals that may harm the health of New Yorkers.

The proposed bill, if enacted would ban the sale of personal care products and cosmetics that contain a restricted substance as an intentionally added ingredient in any amount, starting two years after the law takes effect. Restricted substances are outlined in the bill to includes:

  • heavy metals and heavy metal-containing compounds including: arsenic, cadmium, cadmium compounds, chromium, lead, lead compounds, nickel, and selenium.
  • parabens, including: butyl-, ethyl-, isobutyl-, isopropyl-, methyl-, and propyl paraben.
  • ortho-phthalates and their esters, including:  dibutyl-, dicyclo- hexyl-,    diisobutyl-, diisodecyl-, diisononyl-, diisooctyl-, di (2) ethylhexyl-, diethyl-, and benzyl butyl phthalate.
  • per- and polyfluoroalkyl   substances, as detected by total organic fluorine analysis.
  • formaldehyde and formaldehyde releasers, including:  formaldehyde, paraformaldehyde, quaternium-15, diazolidinyl urea, dmdm hydantoin, methylene glycol, imidazolidinyl urea, and sodium hydroxymethylglycinate.
  • benzophenones, including: benzophenone, benzophenone-1, benzophenone-2, benzophenone-3, 2,4-dihydroxybenzophenone, resbenzophenone, and oxybenzone.
  • known carcinogens, including benzene, carbon black, coal tar, ethylene oxide, toluene, naphthalene, nickel (metallic), styrene, and xylene.
  • asbestos and asbestos containing compounds: asbestos, talc.
  • butylated compounds, including: butylated hydroxytoluene (bht) and butylated hydroxyanisole (bha).
  • siloxanes, including cyclotetrasiloxane, cyclopentasiloxane, octamethylcyclotetrasiloxane, and cyclosiloxanes.
  • phenylenediamines, including m-phenylenediamine, o-phenylenedia-mine, and p-phenylenediamine.
  • triclosan, triclocarban, nonylphenol; and
  • nitrosamine and nitrosamine releasers, including diethanolamine and triethanolamine.

A manufacturer in violation of this title is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who commit subsequent violations are subject to a civil penalty not to exceed ten thousand dollars for each additional offense.