Cosmetic ingredient laws in Maryland

§21–259.2. (a) In this section: (1) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and (2) “Ingredient” does not include an incidental ingredient, as described in 21 C.F.R. § 701.3(l). (b) Except as provided in subsection (c) of this section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a 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); or (12) The following per– and polyfluoroalkyl substances (PFAS) and their salts: (i) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane–1–sulfonic acid (CAS no. 1763–23–1); (ii) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane–1–sulfonate (CAS no. 2795–39–3); (iii) Diethanolamine perfluorooctane sulfonate (CAS no. 70225–14–8); (iv) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081–56–9); (v) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457–72–5); (vi) Perfluorooctanoic acid (PFOA) (CAS no. 335–67–1); (vii) Ammonium pentadecafluorooctanoate (CAS no. 3825–26–1); (viii) Nonadecafluorodecanoic acid (CAS no. 335–76–2); (ix) Ammonium nonadecafluorodecanoate (CAS no. 3108–42–7); (x) Sodium nonadecafluorodecanoate (CAS no. 3830–45–3); (xi) Perfluorononanoic acid (PFNA) (CAS no. 375–95–1); (xii) Sodium heptadecafluorononanoate (CAS no. 21049–39–8); or (xiii) Ammonium perfluorononanoate (CAS no. 4149–60–4). (c) A person is not in violation of this section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that: (1) Was manufactured through a process intended to comply with this section; and (2) Contains a technically unavoidable trace quantity of an ingredient listed in subsection (b) of this section due to: (i) An impurity of a natural or synthetic ingredient; (ii) The manufacturing process; (iii) Storage; or (iv) Packaging.
21–101. (a) In this title the following words have the meanings indicated. (e) (1) “Cosmetic” means any substance, or any component of a substance, that is 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 appearance. (2) “Cosmetic” does not include soap.
(11) o–Phenylenediamine and its salts (CAS no. 95–54–5); or (12) LEAD (CAS NO. 7439–92–1); OR (13) The following per – and polyfluoroal kyl substances (PFAS) and their salts:
(D) (1) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS TITLE , A PERSON WHO VIOLATES THIS SECTION IS LIAB LE FOR CIVIL DAMAGES RESULTING FROM ACTUAL HARM SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION. (2) AN ACTION UN DER THIS SECTION MUS T BE BROUGHT WITHIN 3 YEARS AFTER THE DATE ON WHICH THE PLAINTI FF DISCOVERED OR REA SONABLY SHOULD HAVE DISCOVERED THAT THE EXPOSURE TO AN INGREDIENT IN VIOLATION OF THIS SECTION WAS THE PROXIMATE CAUSE OF THE INJURY SUSTAI NED BY THE PLAINTIFF. (3) IN ANY ACTION BROUGHT TO ENFORCE THIS SECT ION, A COURT MAY AWARD REASONABLE ATTORNEY’S FEES TO A PREVAILING PLAINTIFF: (I) TREBLE DAMAGES; (II) IF THE VIOLATION WAS WILLFUL, PUNITIVE DAMAGES; AND (III) REASONABLE ATTORNEY’S FEES. Ch. 284 2026 LAWS OF MARYLAND – 6 – (E) (1) THE DEPARTMENT MAY INVESTIGATE ANY COMPLAINT ALLEGING THAT A PERSON HAS VIOLATED THIS SECTION. (2) ON RECEIPT OF A COMPL AINT, A REPRESENTATIVE OF THE DEPARTMENT, AT A REASONABLE TIME, MAY ENTER AND INSPECT THE PREMISES OF THE PERSON LOCATED I N THE STATE TO DETERMINE CO MPLIANCE WITH THIS SECTION. (3) THE PERSON MAY NOT: (I) REFUSE TO GRANT ACCES S TO A REPRESENTATIV E WHO REQUESTS TO ENTER AN D INSPECT THE PREMIS ES OF THE PERSON UND ER PARAGRAPH (2) OF THIS SUBSECTION; OR (II) INTERFERE WITH AN INSPECTION U NDER PARAGRAPH (2) OF THIS SUBSECTION. (4) AN INVESTIGATION OF A PREMISES OF A PERSON CONDUCTED UNDER THIS SUBSECTIO N MAY INCLUDE SAMPLI NG OF A COSMETIC PRO DUCT TO DETERMINE IF THE COSMETIC PRODUCT CONTAINS A TECHNICALLY UNAVOIDABLE TRACE QUANTITY OF AN INGREDIENT LISTED IN SUBSECTION (B) OF THIS SECTION.
13–301. Unfair, abusive, or deceptive trade practices include any: (14) Violation of a provision of: (xlvii) Title 14, Subtitle 50 of this article; [or] (xlviii) Section 13–411.1(c)(2) of the Transportation Article; or (XLIX) SECTION 21–259.2 OF THE HEALTH – GENERAL ARTICLE; OR
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2026. Approved by the Governor, April 28, 2026.

§21–259.2. (a) In this section: (1) “Ingredient” means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and (2) “Ingredient” does not include an incidental ingredient, as described in 21 C.F.R. § 701.3(l). (b) Except as provided in subsection (c) of this section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a 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); or (12) The following per– and polyfluoroalkyl substances (PFAS) and their salts: (i) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane–1–sulfonic acid (CAS no. 1763–23–1); (ii) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane–1–sulfonate (CAS no. 2795–39–3); (iii) Diethanolamine perfluorooctane sulfonate (CAS no. 70225–14–8); (iv) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081–56–9); (v) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457–72–5); (vi) Perfluorooctanoic acid (PFOA) (CAS no. 335–67–1); (vii) Ammonium pentadecafluorooctanoate (CAS no. 3825–26–1); (viii) Nonadecafluorodecanoic acid (CAS no. 335–76–2); (ix) Ammonium nonadecafluorodecanoate (CAS no. 3108–42–7); (x) Sodium nonadecafluorodecanoate (CAS no. 3830–45–3); (xi) Perfluorononanoic acid (PFNA) (CAS no. 375–95–1); (xii) Sodium heptadecafluorononanoate (CAS no. 21049–39–8); or (xiii) Ammonium perfluorononanoate (CAS no. 4149–60–4). (c) A person is not in violation of this section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that: (1) Was manufactured through a process intended to comply with this section; and (2) Contains a technically unavoidable trace quantity of an ingredient listed in subsection (b) of this section due to: (i) An impurity of a natural or synthetic ingredient; (ii) The manufacturing process; (iii) Storage; or (iv) Packaging.
21–101. (a) In this title the following words have the meanings indicated. (e) (1) “Cosmetic” means any substance, or any component of a substance, that is 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 appearance. (2) “Cosmetic” does not include soap.
(11) o–Phenylenediamine and its salts (CAS no. 95–54–5); or (12) LEAD (CAS NO. 7439–92–1); OR (13) The following per – and polyfluoroal kyl substances (PFAS) and their salts:
(D) (1) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS TITLE , A PERSON WHO VIOLATES THIS SECTION IS LIAB LE FOR CIVIL DAMAGES RESULTING FROM ACTUAL HARM SUSTAINED BY THE IND IVIDUAL RESULTING FR OM THE VIOLATION. (2) AN ACTION UN DER THIS SECTION MUS T BE BROUGHT WITHIN 3 YEARS AFTER THE DATE ON WHICH THE PLAINTI FF DISCOVERED OR REA SONABLY SHOULD HAVE DISCOVERED THAT THE EXPOSURE TO AN INGREDIENT IN VIOLATION OF THIS SECTION WAS THE PROXIMATE CAUSE OF THE INJURY SUSTAI NED BY THE PLAINTIFF. (3) IN ANY ACTION BROUGHT TO ENFORCE THIS SECT ION, A COURT MAY AWARD REASONABLE ATTORNEY’S FEES TO A PREVAILING PLAINTIFF: (I) TREBLE DAMAGES; (II) IF THE VIOLATION WAS WILLFUL, PUNITIVE DAMAGES; AND (III) REASONABLE ATTORNEY’S FEES. Ch. 284 2026 LAWS OF MARYLAND – 6 – (E) (1) THE DEPARTMENT MAY INVESTIGATE ANY COMPLAINT ALLEGING THAT A PERSON HAS VIOLATED THIS SECTION. (2) ON RECEIPT OF A COMPL AINT, A REPRESENTATIVE OF THE DEPARTMENT, AT A REASONABLE TIME, MAY ENTER AND INSPECT THE PREMISES OF THE PERSON LOCATED I N THE STATE TO DETERMINE CO MPLIANCE WITH THIS SECTION. (3) THE PERSON MAY NOT: (I) REFUSE TO GRANT ACCES S TO A REPRESENTATIV E WHO REQUESTS TO ENTER AN D INSPECT THE PREMIS ES OF THE PERSON UND ER PARAGRAPH (2) OF THIS SUBSECTION; OR (II) INTERFERE WITH AN INSPECTION U NDER PARAGRAPH (2) OF THIS SUBSECTION. (4) AN INVESTIGATION OF A PREMISES OF A PERSON CONDUCTED UNDER THIS SUBSECTIO N MAY INCLUDE SAMPLI NG OF A COSMETIC PRO DUCT TO DETERMINE IF THE COSMETIC PRODUCT CONTAINS A TECHNICALLY UNAVOIDABLE TRACE QUANTITY OF AN INGREDIENT LISTED IN SUBSECTION (B) OF THIS SECTION.
13–301. Unfair, abusive, or deceptive trade practices include any: (14) Violation of a provision of: (xlvii) Title 14, Subtitle 50 of this article; [or] (xlviii) Section 13–411.1(c)(2) of the Transportation Article; or (XLIX) SECTION 21–259.2 OF THE HEALTH – GENERAL ARTICLE; OR
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2026. Approved by the Governor, April 28, 2026.