Cosmetic ingredient laws in California
We follow 7 California rules on cosmetics; 4 are bans.
Check a specific ingredient list for CaliforniaCalifornia
Sale banNo cosmetic product containing any of the 24 listed intentionally added ingredients (incl. 13 named PFAS and their salts) may be made, sold, or offered in California.
Cal. Health & Safety Code § 108980 (with definitions in § 108982 and § 111791.5(d)) · effective Jan 1, 2025 · draft
Exact text
[HSC § 108980] (a) Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Dibutyl phthalate (CAS no. 84-74-2). (2) Diethylhexyl phthalate (CAS no. 117-81-7). (3) Formaldehyde (CAS no. 50-00-0). (4) Paraformaldehyde (CAS no. 30525-89-4). (5) Methylene glycol (CAS no. 463-57-0). (6) Quaternium-15 (CAS no. 51229-78-8). (7) Mercury (CAS no. 7439-97-6). (8) Isobutylparaben (CAS no. 4247-02-3). (9) Isopropylparaben (CAS no. 4191-73-5). (10) m-Phenylenediamine and its salts (CAS no. 108-45-2). (11) o-Phenylenediamine and its salts (CAS no. 95-54-5). (12) The following per- and polyfluoroalkyl substances (PFAS) and their salts: (A) Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1). (B) Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3). (C) Diethanolamine perfluorooctane sulfonate (CAS 70225-14-8). (D) Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS 29081-56-9). (E) Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS 29457-72-5). (F) Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1). (G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1). (H) Nonadecafluorodecanoic acid (CAS no. 355-76-2). (I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7). (J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3). (K) Perfluorononanoic acid (PFNA)(CAS no. 375-95-1). (L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8). (M) Ammonium perfluorononanoate (CAS no. 4149-60-4). (b) Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Lily aldehyde (CAS no. 80-54-6). (2) Acetaldehyde (CAS no. 75-07-0). (3) Cyclohexylamine (CAS no. 108-91-8). (4) Cyclotetrasiloxane (CAS no. 556-67-2). (5) Phytonadione (CAS no. 84-80-0). (6) Sodium perborate (CAS no. 15120-21-5). (7) Styrene (CAS no. 100-42-5). (8) Trichloroacetic acid (CAS no. 76-03-9). (9) Tricresyl phosphate (CAS no. 1330-78-5). (10) Vinyl acetate (CAS no. 108-05-4). (11) 2-Chloracetamide (CAS no. 79-07-2). (12) Allyl isothiocyanate (CAS no. 57-06-7). (13) Anthraquinone (CAS no. 84-65-1). (14) Malachite green (CAS no. 569-64-2). (15) Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6). (16) Pyrogallol (CAS no. 87-66-1). (17) C.I. disperse blue 1 (CAS no. 2475-45-8). (18) Trisodium nitrilotriacetate (CAS no. 5064-31-3). (19) The following boron substances: (A) Perboric acids: (i) Sodium salt (CAS no. 11138-47-9). (ii) Sodium salt, monohydrate (CAS no. 12040-72-1). (iii) Sodium perborate monohydrate (CAS no. 10332-33-9). (B) Boric acid (CAS nos. 10043-35-3 and 11113-50-1). (C) Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following: (i) Disodium octaborate anhydrous (CAS no. 12008-41-2). (ii) Disodium octaborate tetrahydrate (CAS no. 12280-03-4). (iii) 2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8). (iv) 2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4). (v) Potassium borate, boric acid potassium salt (CAS no. 12712-38-8). (vi) Trioctyldodecyl borate. (vii) Zinc borate (CAS no. 1332-07-6). (viii) Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4). (ix) Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1). (x) Orthoboric acid, sodium salt (CAS no. 13840-56-7). (xi) Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4). (xii) Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3). (20) C.I. disperse blue 3 (CAS no. 2475-46-9). (21) Basic green 1 (CAS no. 633-03-4). (22) Basic blue 7 (CAS no. 2390-60-5). (23) 3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1). (24) Basic violet 4 (CAS no. 2390-59-2). (25) Basic blue 3 (CAS no. 33203-82-6). (26) Basic blue 9 (CAS no. 61-73-4). (27) Musk ambrette (CAS no. 83-66-9). (28) Musk tibetene (CAS no.145-39-1). (29) Musk moskene (CAS no. 116-66-5). (30) Musk xylene (CAS no. 81-15-2). (c) (1) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk ketone (CAS no. 81-14-1). (2) “Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity. (d) If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section. (e) For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5. (f) (1) Commencing January 1, 2027, a person or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure product has completely dissolved before having sex.” (2) Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1). (3) Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration. [HSC § 108982] For purposes of this chapter, the following terms have the following definitions: (a) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (c) “Intentionally added PFAS” means either of the following: (1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (2) PFAS chemicals that are intentional breakdown products of an added chemical. (d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container. [HSC § 111791.5 — subdivision (d)] (d) “Ingredient” has the same meaning as that term is defined in subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of Chapter 1 of Title 21 of the Code of Federal Regulations.
Sale banFrom 2027 the AB 60 list (lily aldehyde, boron compounds incl. boric acid and borax, musks, dyes, etc.) is banned as intentionally added ingredients in cosmetics sold in California.
Cal. Health & Safety Code § 108980 (with definitions in § 108982 and § 111791.5(d)) · effective Jan 1, 2027 · draft
Exact text
[HSC § 108980] (a) Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Dibutyl phthalate (CAS no. 84-74-2). (2) Diethylhexyl phthalate (CAS no. 117-81-7). (3) Formaldehyde (CAS no. 50-00-0). (4) Paraformaldehyde (CAS no. 30525-89-4). (5) Methylene glycol (CAS no. 463-57-0). (6) Quaternium-15 (CAS no. 51229-78-8). (7) Mercury (CAS no. 7439-97-6). (8) Isobutylparaben (CAS no. 4247-02-3). (9) Isopropylparaben (CAS no. 4191-73-5). (10) m-Phenylenediamine and its salts (CAS no. 108-45-2). (11) o-Phenylenediamine and its salts (CAS no. 95-54-5). (12) The following per- and polyfluoroalkyl substances (PFAS) and their salts: (A) Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1). (B) Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3). (C) Diethanolamine perfluorooctane sulfonate (CAS 70225-14-8). (D) Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS 29081-56-9). (E) Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS 29457-72-5). (F) Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1). (G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1). (H) Nonadecafluorodecanoic acid (CAS no. 355-76-2). (I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7). (J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3). (K) Perfluorononanoic acid (PFNA)(CAS no. 375-95-1). (L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8). (M) Ammonium perfluorononanoate (CAS no. 4149-60-4). (b) Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Lily aldehyde (CAS no. 80-54-6). (2) Acetaldehyde (CAS no. 75-07-0). (3) Cyclohexylamine (CAS no. 108-91-8). (4) Cyclotetrasiloxane (CAS no. 556-67-2). (5) Phytonadione (CAS no. 84-80-0). (6) Sodium perborate (CAS no. 15120-21-5). (7) Styrene (CAS no. 100-42-5). (8) Trichloroacetic acid (CAS no. 76-03-9). (9) Tricresyl phosphate (CAS no. 1330-78-5). (10) Vinyl acetate (CAS no. 108-05-4). (11) 2-Chloracetamide (CAS no. 79-07-2). (12) Allyl isothiocyanate (CAS no. 57-06-7). (13) Anthraquinone (CAS no. 84-65-1). (14) Malachite green (CAS no. 569-64-2). (15) Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6). (16) Pyrogallol (CAS no. 87-66-1). (17) C.I. disperse blue 1 (CAS no. 2475-45-8). (18) Trisodium nitrilotriacetate (CAS no. 5064-31-3). (19) The following boron substances: (A) Perboric acids: (i) Sodium salt (CAS no. 11138-47-9). (ii) Sodium salt, monohydrate (CAS no. 12040-72-1). (iii) Sodium perborate monohydrate (CAS no. 10332-33-9). (B) Boric acid (CAS nos. 10043-35-3 and 11113-50-1). (C) Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following: (i) Disodium octaborate anhydrous (CAS no. 12008-41-2). (ii) Disodium octaborate tetrahydrate (CAS no. 12280-03-4). (iii) 2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8). (iv) 2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4). (v) Potassium borate, boric acid potassium salt (CAS no. 12712-38-8). (vi) Trioctyldodecyl borate. (vii) Zinc borate (CAS no. 1332-07-6). (viii) Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4). (ix) Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1). (x) Orthoboric acid, sodium salt (CAS no. 13840-56-7). (xi) Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4). (xii) Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3). (20) C.I. disperse blue 3 (CAS no. 2475-46-9). (21) Basic green 1 (CAS no. 633-03-4). (22) Basic blue 7 (CAS no. 2390-60-5). (23) 3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1). (24) Basic violet 4 (CAS no. 2390-59-2). (25) Basic blue 3 (CAS no. 33203-82-6). (26) Basic blue 9 (CAS no. 61-73-4). (27) Musk ambrette (CAS no. 83-66-9). (28) Musk tibetene (CAS no.145-39-1). (29) Musk moskene (CAS no. 116-66-5). (30) Musk xylene (CAS no. 81-15-2). (c) (1) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk ketone (CAS no. 81-14-1). (2) “Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity. (d) If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section. (e) For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5. (f) (1) Commencing January 1, 2027, a person or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure product has completely dissolved before having sex.” (2) Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1). (3) Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration. [HSC § 108982] For purposes of this chapter, the following terms have the following definitions: (a) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (c) “Intentionally added PFAS” means either of the following: (1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (2) PFAS chemicals that are intentional breakdown products of an added chemical. (d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container. [HSC § 111791.5 — subdivision (d)] (d) “Ingredient” has the same meaning as that term is defined in subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of Chapter 1 of Title 21 of the Code of Federal Regulations.
Sale banCosmetics exceeding the product-type percentage caps for musk ketone may not be sold in California from 2027.
Cal. Health & Safety Code § 108980 (with definitions in § 108982 and § 111791.5(d)) · effective Jan 1, 2027 · draft
Exact text
[HSC § 108980] (a) Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Dibutyl phthalate (CAS no. 84-74-2). (2) Diethylhexyl phthalate (CAS no. 117-81-7). (3) Formaldehyde (CAS no. 50-00-0). (4) Paraformaldehyde (CAS no. 30525-89-4). (5) Methylene glycol (CAS no. 463-57-0). (6) Quaternium-15 (CAS no. 51229-78-8). (7) Mercury (CAS no. 7439-97-6). (8) Isobutylparaben (CAS no. 4247-02-3). (9) Isopropylparaben (CAS no. 4191-73-5). (10) m-Phenylenediamine and its salts (CAS no. 108-45-2). (11) o-Phenylenediamine and its salts (CAS no. 95-54-5). (12) The following per- and polyfluoroalkyl substances (PFAS) and their salts: (A) Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1). (B) Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3). (C) Diethanolamine perfluorooctane sulfonate (CAS 70225-14-8). (D) Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS 29081-56-9). (E) Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS 29457-72-5). (F) Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1). (G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1). (H) Nonadecafluorodecanoic acid (CAS no. 355-76-2). (I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7). (J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3). (K) Perfluorononanoic acid (PFNA)(CAS no. 375-95-1). (L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8). (M) Ammonium perfluorononanoate (CAS no. 4149-60-4). (b) Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients: (1) Lily aldehyde (CAS no. 80-54-6). (2) Acetaldehyde (CAS no. 75-07-0). (3) Cyclohexylamine (CAS no. 108-91-8). (4) Cyclotetrasiloxane (CAS no. 556-67-2). (5) Phytonadione (CAS no. 84-80-0). (6) Sodium perborate (CAS no. 15120-21-5). (7) Styrene (CAS no. 100-42-5). (8) Trichloroacetic acid (CAS no. 76-03-9). (9) Tricresyl phosphate (CAS no. 1330-78-5). (10) Vinyl acetate (CAS no. 108-05-4). (11) 2-Chloracetamide (CAS no. 79-07-2). (12) Allyl isothiocyanate (CAS no. 57-06-7). (13) Anthraquinone (CAS no. 84-65-1). (14) Malachite green (CAS no. 569-64-2). (15) Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6). (16) Pyrogallol (CAS no. 87-66-1). (17) C.I. disperse blue 1 (CAS no. 2475-45-8). (18) Trisodium nitrilotriacetate (CAS no. 5064-31-3). (19) The following boron substances: (A) Perboric acids: (i) Sodium salt (CAS no. 11138-47-9). (ii) Sodium salt, monohydrate (CAS no. 12040-72-1). (iii) Sodium perborate monohydrate (CAS no. 10332-33-9). (B) Boric acid (CAS nos. 10043-35-3 and 11113-50-1). (C) Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following: (i) Disodium octaborate anhydrous (CAS no. 12008-41-2). (ii) Disodium octaborate tetrahydrate (CAS no. 12280-03-4). (iii) 2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8). (iv) 2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4). (v) Potassium borate, boric acid potassium salt (CAS no. 12712-38-8). (vi) Trioctyldodecyl borate. (vii) Zinc borate (CAS no. 1332-07-6). (viii) Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4). (ix) Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1). (x) Orthoboric acid, sodium salt (CAS no. 13840-56-7). (xi) Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4). (xii) Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3). (20) C.I. disperse blue 3 (CAS no. 2475-46-9). (21) Basic green 1 (CAS no. 633-03-4). (22) Basic blue 7 (CAS no. 2390-60-5). (23) 3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1). (24) Basic violet 4 (CAS no. 2390-59-2). (25) Basic blue 3 (CAS no. 33203-82-6). (26) Basic blue 9 (CAS no. 61-73-4). (27) Musk ambrette (CAS no. 83-66-9). (28) Musk tibetene (CAS no.145-39-1). (29) Musk moskene (CAS no. 116-66-5). (30) Musk xylene (CAS no. 81-15-2). (c) (1) Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk ketone (CAS no. 81-14-1). (2) “Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity. (d) If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section. (e) For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5. (f) (1) Commencing January 1, 2027, a person or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure product has completely dissolved before having sex.” (2) Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1). (3) Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration. [HSC § 108982] For purposes of this chapter, the following terms have the following definitions: (a) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (c) “Intentionally added PFAS” means either of the following: (1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (2) PFAS chemicals that are intentional breakdown products of an added chemical. (d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container. [HSC § 111791.5 — subdivision (d)] (d) “Ingredient” has the same meaning as that term is defined in subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of Chapter 1 of Title 21 of the Code of Federal Regulations.
Sale banNo cosmetic product with any intentionally added PFAS may be made, sold, or offered in California.
Cal. Health & Safety Code § 108981.5 (findings § 108981; definitions § 108982) · effective Jan 1, 2025 · draft
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[HSC § 108981.5] Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). [HSC § 108982] For purposes of this chapter, the following terms have the following definitions: (a) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (c) “Intentionally added PFAS” means either of the following: (1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product. (2) PFAS chemicals that are intentional breakdown products of an added chemical. (d) “Product label” means a display of written, printed, or graphic matter upon a cosmetic product or upon its immediate container.
NoticeThe labeled brand of any cosmetic sold in California must report designated-list fragrance/flavor ingredients and EU fragrance allergens above threshold (with CAS and UPC) to CDPH's California Safe Cosmetics Program.
Cal. Health & Safety Code § 111792.6 (definitions also in § 111791.5) · effective Jan 1, 2022 · draft
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[HSC § 111792.6] (a) For purposes of this section, the following definitions apply: (1) “Cosmetic product” means an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. (2) “Designated list” means any of the following, including subsequent revisions when adopted by the authoritative body: (A) Chemicals known to the State of California to cause cancer or reproductive toxicity that are listed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Chapter 6.6 (commencing with Section 25249.5 of Division 20)). (B) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008. (C) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties. (D) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal Environmental Protection Agency’s Integrated Risk Information System. (E) Chemicals that are identified as carcinogenic to humans, likely to be carcinogenic to humans, or as Group A, B1, or B2 carcinogens in the federal Environmental Protection Agency’s Integrated Risk Information System. (F) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative, properties. (G) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List. (H) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1. (I) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer. (J) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry’s Toxic Substances Portal, Health Effects of Toxic Substances and Carcinogens, Nervous System. (K) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program. (L) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation. (M) Chemicals identified by the federal Environmental Protection Agency’s Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.). (N) The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code. (O) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program. (P) Chemicals for which notification levels, as defined in Section 116455, have been established by the State Department of Public Health or the State Water Resources Control Board. (Q) Chemicals for which primary maximum contaminant levels have been established and adopted under Section 64431 or 64444 of Title 22 of the California Code of Regulations. (R) Chemicals identified as toxic air contaminants under Section 93000 or 93001 of Title 17 of the California Code of Regulations. (S) Chemicals that are identified as priority pollutants in the California water quality control plans pursuant to subdivision (c) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and in Section 131.38 of Title 40 of the Code of Federal Regulations, or identified as pollutants by the state or the federal Environmental Protection Agency for one or more water bodies in the state under subdivision (d) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1341) and Section 130.7 of Title 40 of the Code of Federal Regulations. (T) Chemicals that are identified with noncancer endpoints and listed with an inhalation or oral reference exposure level by the Office of Environmental Health Hazard Assessment pursuant to paragraph (2) of subdivision (b) of Section 44360. (U) Chemicals identified as priority chemicals by the California Environmental Contaminant Biomonitoring Program pursuant to Section 105449. (V) Chemicals that are identified on Part A of the List of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic. (3) “Flavor ingredient” means any intentionally added substance or complex mixture of aroma chemicals, flavor chemicals, natural essential oils, and other functional ingredient or ingredients for which the purpose is to impart a flavor or taste, or to counteract a flavor or taste. (4) “Fragrance ingredient” means any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the purpose is to impart an odor or scent, or to counteract an odor. (5) “Manufacturer” means any entity whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations. (6) “Professional cosmetic” has the same meaning as provided in paragraph (3) of subdivision (b) of Section 110371. (b) (1) Commencing January 1, 2022, a manufacturer of a cosmetic product sold in the state shall disclose all of the following information to the Division of Environmental and Occupational Disease Control within the State Department of Public Health: (A) A list of each fragrance ingredient or flavor ingredient that is included on a designated list, as defined in paragraph (2) of subdivision (a), and present in the cosmetic product. This section does not require a manufacturer of a cosmetic product to disclose the presence of any fragrance ingredient or flavor ingredient that is not included on a designated list. (B) A list of each fragrance allergen included in Annex III of the EU Cosmetics Regulation No. 1223/2009, as required to be disclosed pursuant to the EU Detergents Regulation No. 21 648/2004, and subsequent updates to those regulations, that is present in a rinse-off cosmetic product at a concentration at or above 0.01 percent (100 parts per million) or in a leave-on cosmetic product at a concentration at or above 0.001 percent (10 parts per million). Those ingredients shall appear on the database in a unique manner that distinguishes those ingredients from other reportable ingredients and indicates that they are hazardous only to individuals who suffer from fragrance allergies. (C) Whether the cosmetic product is intended for professional use or retail cosmetic use. (D) The Chemical Abstracts Service (CAS) number for each ingredient or allergen that requires disclosure pursuant to subparagraph (A) or (B). (E) The corresponding Universal Product Code (UPC) for the cosmetic product described in subparagraph (A). (2) (A) To protect trade secrets, this section does not require a manufacturer to disclose the weight or amount of an ingredient that requires disclosure pursuant to subparagraph (A) or (B) of paragraph (1) or to disclose the manner in which a cosmetic product or intentionally added fragrance ingredient or flavor ingredient is formulated. A manufacturer may protect as a trade secret, and is not required to disclose, any ingredient or combination of ingredients that is not on a designated list or required to be disclosed pursuant to subparagraph (A) or (B) of paragraph (1). A fragrance ingredient or flavor ingredient that is included in a designated list, or a fragrance allergen that requires disclosure pursuant to subparagraph (B) of paragraph (1), does not constitute a trade secret. (B) Pursuant to Section 7927.705 of the Government Code, a fragrance ingredient or flavor ingredient that constitutes a trade secret is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) (A) A manufacturer that is required to disclose a fragrance ingredient or flavor ingredient pursuant to paragraph (1) due to a change in a designated list shall disclose the ingredient no later than six months after the revised list is adopted by the authoritative body, or six months after the revised list becomes effective, whichever is later. (B) The State Department of Public Health shall create a voluntary electronic mailing list for the department to provide updates on the inclusion or deletion of fragrance allergens, fragrance ingredients, and flavor ingredients on the designated lists. (c) (1) Commencing January 1, 2022, the Division of Environmental and Occupational Disease Control shall post on the database created pursuant to Section 111792, in an easily readable format, all of the following information related to a cosmetic product described in, and disclosed pursuant to, subparagraph (A) of paragraph (1) of subdivision (b): (A) A list of all fragrance ingredients and flavor ingredients that are included on a designated list and all fragrance allergens required to be disclosed pursuant to subparagraph (B) of paragraph (1) of subdivision (b). (B) The health hazards associated with each fragrance ingredient or flavor ingredient. (2) The division shall identify whether an ingredient is a fragrance ingredient or a flavor ingredient.
NoticeBrands with >= $1M annual cosmetic sales must report to CDPH CSCP each product sold in California containing a listed carcinogen or reproductive toxicant.
Cal. Health & Safety Code §§ 111791, 111791.5, 111792 · effective Jan 1, 2006 · draft
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[HSC § 111791] This article shall be known, and may be cited, as the California Safe Cosmetics Act of 2005. [HSC § 111791.5] For purposes of this article, the following terms have the following meanings: (a) “Authoritative body” means any agency or formally organized program or group recognized pursuant to Section 12306 of Title 22 of the California Code of Regulations as being authoritative for the purpose of identifying chemicals that cause cancer or reproductive toxicity. (b) “Chemical identified as causing cancer or reproductive toxicity” means a chemical identified pursuant to Section 25249.8 or identified by an authoritative body as any of the following: (1) A substance listed as known or reasonably anticipated to be a human carcinogen in a National Toxicology Report on carcinogens. (2) A substance given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer. (3) A substance identified as a Group A, Group B1, or Group B2 carcinogen, or as a known or likely carcinogen by the United States Environmental Protection Agency. (4) A substance identified as having some or clear evidence of adverse developmental, male reproductive, or female reproductive toxicity effects in a report by an expert panel of the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction. (c) “Division” means the Division of Environmental and Occupational Disease Control within the State Department of Health Services. (d) “Ingredient” has the same meaning as that term is defined in subdivision (e) of Section 700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of Chapter 1 of Title 21 of the Code of Federal Regulations. (e) “Manufacturer” means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Section 701.12 of Title 21 of the Code of Federal Regulations. [HSC § 111792] (a) The manufacturer of any cosmetic product subject to regulation by the federal Food and Drug Administration that is sold in this state shall, on a schedule and in electronic or other format, as determined by the division, provide the division with a complete and accurate list of its cosmetic products that, as of the date of submission, are sold in the state and that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity, including any chemical that meets either of the following conditions: (1) A chemical contained in the product for purposes of fragrance or flavoring. (2) A chemical identified by the phrase “and other ingredients” and determined to be a trade secret pursuant to the procedure established in Part 20 and Section 720.8 of Part 720 of Title 21 of the Code of Federal Regulations. Any ingredient identified pursuant to this paragraph shall be considered to be a trade secret and shall be treated by the division in a manner consistent with the requirements of Part 20 and Part 720 of Title 21 of the Code of Federal Regulations. Any ingredients considered to be a trade secret shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) for the purposes of this section. (b) Any information submitted pursuant to subdivision (a) shall identify each chemical both by name and Chemical Abstract Service number and shall specify the product or products in which the chemical is contained. (c) If an ingredient identified pursuant to this section subsequently is removed from the product in which it was contained, is removed from the list of chemicals known to cause cancer or reproductive toxicity published under Section 25249.8, or is no longer a chemical identified as causing cancer or reproductive toxicity by an authoritative body, the manufacturer of the product containing the ingredient shall submit the new information to the division. Upon receipt of new information, the division, after verifying the accuracy of that information, shall revise the manufacturer’s information on record with the division to reflect the new information. The manufacturer shall not be under obligation to submit subsequent information on the presence of the ingredient in the product unless subsequent changes require submittal of the information. (d) This section shall not apply to any manufacturer of cosmetic products with annual aggregate sales of cosmetic products, both within and outside of California, of less than one million dollars ($1,000,000), based on the manufacturer’s most recent tax year filing. (e) On or before December 31, 2013, the State Department of Public Health shall develop and make operational a consumer-friendly, public internet website that creates a database of the information collected pursuant to this section. The database shall be searchable to accommodate a wide range of users, including users with limited technical and scientific literacy. Data shall be presented in an educational manner with, among other things, hypertext links that explain the meanings of technical terms, including, but not limited to, “carcinogenic” and “reproductive toxicity.” The internet website shall be designed to be easily navigable and to enable users to compare and contrast products and reportable ingredients. The internet website shall include hypertext links to other educational and informational internet websites to enhance consumer understanding.
NoticeBusinesses with 10 or more employees must give a clear and reasonable warning before exposing Californians to a Prop 65 listed chemical.
Cal. Health & Safety Code §§ 25249.6, 25249.10, 25249.11 (Proposition 65) · effective Jan 1, 1987 · draft
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[HSC § 25249.6] Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. [HSC § 25249.10] Exemptions from Warning Requirement. Section 25249.6 shall not apply to any of the following: (a) An exposure for which federal law governs warning in a manner that preempts state authority. (b) An exposure that takes place less than twelve months subsequent to the listing of the chemical in question on the list required to be published under subdivision (a) of Section 25249.8. (c) An exposure for which the person responsible can show that the exposure poses no significant risk assuming lifetime exposure at the level in question for substances known to the state to cause cancer, and that the exposure will have no observable effect assuming exposure at one thousand (1000) times the level in question for substances known to the state to cause reproductive toxicity, based on evidence and standards of comparable scientific validity to the evidence and standards which form the scientific basis for the listing of such chemical pursuant to subdivision (a) of Section 25249.8. In any action brought to enforce Section 25249.6, the burden of showing that an exposure meets the criteria of this subdivision shall be on the defendant. [HSC § 25249.11] Definitions. For purposes of this chapter: (a) “Person” means an individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, and association. (b) “Person in the course of doing business” does not include any person employing fewer than 10 employees in his or her business; any city, county, or district or any department or agency thereof or the state or any department or agency thereof or the federal government or any department or agency thereof; or any entity in its operation of a public water system as defined in Section 116275. (c) “Significant amount” means any detectable amount except an amount which would meet the exemption test in subdivision (c) of Section 25249.10 if an individual were exposed to such an amount in drinking water. (d) “Source of drinking water” means either a present source of drinking water or water which is identified or designated in a water quality control plan adopted by a regional board as being suitable for domestic or municipal uses. (e) “Threaten to violate” means to create a condition in which there is a substantial probability that a violation will occur. (f) “Warning” within the meaning of Section 25249.6 need not be provided separately to each exposed individual and may be provided by general methods such as labels on consumer products, inclusion of notices in mailings to water customers, posting of notices, placing notices in public news media, and the like, provided that the warning accomplished is clear and reasonable. In order to minimize the burden on retail sellers of consumer products including foods, regulations implementing Section 25249.6 shall to the extent practicable place the obligation to provide any warning materials such as labels on the producer or packager rather than on the retail seller, except where the retail seller itself is responsible for introducing a chemical known to the state to cause cancer or reproductive toxicity into the consumer product in question.