Summary of cosmetics regulatory trends in U.S. states in 2023

Three new carcinogens added to California’s Proposition 65 list

Chemicals Listed Effective January 27, 2023 as Known to the State of California to Cause Cancer: 1-Bromo-3-Chloropropane, 1-Butyl Glycidyl Ether, and Glycidyl Methacrylate.

https://oehha.ca.gov/proposition-65/crnr/chemicals-listed-effective-january-27-2023-known-state-california-cause-cancer-1

Prohibition of cosmetic products and personal care products containing 1,4-dioxane or mercury.

In December 2022, the governor of New York State in the United States signed a bill (A8630A) amending the Environmental Protection Act, prohibiting the sale of products containing dioxane (1,4-Dioxane, CAS No. 123-91-1) or mercury (Mercury). , CAS No. 7439-97-6) cosmetics and personal care products. The bill takes effect on June 1, 2023. From December 31, 2022, no one may sell or offer for sale cosmetics containing more than 10 ppm dioxane and personal care products containing more than 2 ppm dioxane. From December 31, 2023, no one may sell or offer for sale cosmetics and personal care products containing more than 1 ppm dioxane. In addition, product manufacturers may apply for a one-year exemption for specific cosmetic or personal care products by demonstrating that they have taken measures to reduce dioxane.

https://www.nysenate.gov/legislation/laws/ENV/37-0117

Minnesota bans PFAS-containing cosmetics

On May 24, 2023, the governor of Minnesota, USA, signed H.F. No. 2310, the Comprehensive Environment, Natural Resources, Climate and Energy Act (Minnesota Session Laws - 2023, Chapter 60), which will comprehensively ban the sale of products containing perfluoroalkyl and For polyfluoroalkyl substances (PFAS) cosmetics, limit the content of heavy metals lead and cadmium in products.

Starting from January 1, 2025, 11 categories of products, including cosmetics, that intentionally add PFAS will be prohibited from being sold in Minnesota. From January 1, 2025 to January 1, 2032, Minnesota’s Pollution Control Agency (PCA) will further restrict products intentionally added with PFAS in accordance with relevant regulations, especially those most likely to cause environmental and natural hazards. Products that pollute resources. It also requires that lead and cadmium in a total of 15 categories of products, including cosmetics, shall not exceed 90 ppm and 75 ppm respectively. The bill will take effect on August 1, 2023.

https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/60/

Oregon Revises Drug-Free Kids Act

On July 27, 2023, the Governor of Oregon approved HB3043, which revised the relevant provisions of the Toxic Free Kids Act (TFK Act) and will be implemented on January 1, 2024. The revisions are as follows:

• Add definitions of “children’s products”, “chemical categories” and “chemical substance subcategories”;
• Manufacturers of children’s products containing trace amounts or above of a chemical or a Class I chemical should submit a biennial report to the Oregon Health Authority (OHA) by January 31 of each applicable reporting year. declare;
• Added product brand names and models, which will take effect on January 1, 2025, and be officially implemented on or after January 31, 2026;
• Remove a provision that prohibits Oregon OHA from adding more than five chemicals to the High Priority Chemicals of Child Health Concern (HPCCCH) list;
• The hazard assessment is valid for three years from the date of submission, and the manufacturer must resubmit the hazard assessment at the end of the three-year period;
• Exemptions may be granted if consumers do not have access to HPCCCH.

https://www.oregonlegislature.gov/bills_laws/ors/ors431a.html

Oregon bans cosmetics animal testing

On August 4, 2023, the governor of Oregon, USA, signed the H.B. 3213 bill, which legislates to ban cosmetic animal testing and will officially take effect on September 24, 2023. In addition, the bill requires that starting from January 1, 2024, cosmetics tested on animals shall not be sold in Oregon, USA. Oregon in the United States becomes the 11th region to enact a ban on animal testing of cosmetics, following New York, California, Nevada, Illinois, Hawaii, Maryland, Maine, New Jersey, Virginia and Louisiana.

https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB3213/Enrolled

California bans the production and sale of 26 categories of cosmetic ingredients

On October 8, 2023, the governor of California, USA signed AB 496, announcing a ban on the production and sale of 26 types of cosmetic raw materials, which will be officiallyimplemented on January 1, 2027. The list of 26 substances is as follows (English names shall prevail):

In addition, California banned 12 types of raw materials in 2020, which will take effect on January 1, 2025. For details, see the table below (the English name shall prevail):

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB496