On October 8, 2023, California Governor Gavin Newsom approved a law that will ban the manufacture, delivery, or sale in the state of California of cosmetic products containing twenty-six intentionally added ingredients. The new law (AB 496) expands upon California’s existing 2020 Toxic-Free Cosmetics Act, which bans the manufacture or sale of cosmetic products containing twelve listed chemicals, including several per- and polyfluoroalkyl substances (PFAS), beginning January 1, 2025. AB 496 goes into effect on January 1, 2027.
The ban covers use of the listed chemicals in all cosmetic products, which, under California law, include a broad range of products such as soaps, hair care products, makeup, perfumes, and nail polish. PMDTA Cas 3030-47-5 99.0% colorless liquid
The law prohibits the manufacture and sale of cosmetic products formulated with any of the listed substances as an intentionally added ingredient in the finished cosmetic product. However, the law does not encompass cosmetic products that may contain technically unavoidable trace quantities of the listed substances as residual impurities from other ingredients or from their use in processing or packaging the cosmetic product.
Under the 2020 Toxic-Free Cosmetics Act, beginning January 1, 2025, cosmetic products containing the following twelve intentionally added ingredients may no longer be manufactured or sold within the state of California:
Under AB 496, beginning January 1, 2027, cosmetic products containing the following twenty-six additional intentionally added ingredients may no longer be sold within the state of California:
The new California law is part of a growing trend in the United States whereby individual states are pursuing state-level legislation regarding the use of certain ingredients in cosmetic products. While this state regulation varies widely, many states follow California’s (or the European Union’s) lead with respect to the ingredients that are prohibited.
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