From California to New York: State-specific regulations for cosmetics in the USA

Federal laws such as the Food, Drug, and Cosmetic Act (FD&C Act) and MoCRA regulate the safety and labelling of cosmetics at a national level. However, throughout the years several US states implemented their own regulations to address specific concerns regarding cosmetics.

The most important focus in state-specific laws are critical substances used in cosmetic products. The state of California for example, known for its strict environmental and health regulations, already implemented the California Safe Cosmetics Act (CSCA). This act requires manufacturers to disclose substances known or suspected to cause cancer or reproductive harm. It also requires reporting of cosmetics sold in California if they contain any substances listed by Proposition 65.

Similarly, the state of New York introduced legislation aiming to restrict or ban certain substances. For instance, the New York Cosmetic Ingredient Review Act (NYCIRA) allows the state authorities to assess cosmetic ingredients and ban substances hazardous to public health.

In addition to regulating cosmetic ingredients, many US states implemented specific requirements regarding labeling of cosmetic products. Those requirements often go beyond federal law and may include requirements in terms of allergen labelling, organic or natural advertising claims. For example, Washington already required the disclosure of all fragrance ingredients on cosmetic product labels even before MoCRA has been introduced in December 2022.

The numerous state-specific requirements on cosmetic products created a patchwork of legal requirements over the years. However, efforts have been made to better streamline and harmonize cosmetic regulations. The introduction of MoCRA aims to establish a federal legal framework for consistent regulation of cosmetic products across the United States.

However, several state-specific laws must be still considered by manufactures and distributors selling cosmetics in US, for example:

• California Safe Cosmetics Act (aka. California Toxic-Free Cosmetics Act): The Responsible Person for a cosmetic product sold in California must provide the California Safe Cosmetics Program (CSCP) with a list of all cosmetic products that contain any ingredients known or suspected to cause cancer or developmental or other reproductive harm. e.g. Titanium Dioxide, Retinyl Palmitate, etc. If a cosmetic product sold in California contains a listed substance above certain concentrations, the product must bear a Proposition 65 warning label, based on the Safe Drinking Water and Toxic Enforcement Act of 1986. With Californian Assembly Bill 496, another 26 substances are banned as of January 2025.
• In 2022, Colorado already banned the entire class of per- and polyfluorinated (PFAS) from cosmetics.
• Also in Maryland, a number of substances (inclusin PFAS, Formaldehyde, Dibutyl Phthalate, etc.) has been banned.
• The State of New York already banned the use of cosmetic products containing 1,4-dioxane or mercury.
• The Washington Toxic-Free Cosmetics Act bans the manufacture, sale, and distribution of cosmetics containing any of 9 specified substances like formaldehyde, mercury, and certain PFAS.
• Furthermore, back in 2008 the state of Washington already published the Children’s Safe Product Act which prohibits manufacturers of children’s products – including personal care products – to market cosmetic products containing substances like ortho-phthalates, formaldehyde, methylene glycol, mercury, m-phenylenediamine and its salts, o-phenylenediamine and its salts, and certain PFAS.
• Georgia prohibits cosmetic products containing certain substances like ortho-phthalates, formaldehyde, methylene glycol, mercury, m-phenylenediamine and its salts, o-phenylenediamine and its salts, and certain PFAS.
• Illinois would prohibit the sale or distribution of cosmetic products containing PFAS, phthalates, formaldehyde and mercury.
• Vermont would prohibit the sale of cosmetics containing PFAS, lead, formaldehyde and 29 other banned chemicals.
• Oregon introduced Senate Bill 546 that would require manufacturers to disclose chemicals of concern in cosmetics sold in the state and prohibit certain toxic substances like ortho-phthalates, formaldehyde, methylene glycol, mercury, and certain PFAS.
• The new acts regarding prohibited substances in Maryland, Washington, Georgia, Illinois, Vermont and Oregon will all enter into force in January 1, 2025.
• Minnesota prohibits the nonessential use of PFAS chemicals in products in a period between 2024 and 2032 (Amara’s Law).
• In 2013, Minnesota already banned the use of formaldehyde and formaldehyde-releasing preservatives in children’s personal care products like lotions, shampoos and bubble baths. The ban applies to products intended for children.

Disclaimer:

The information provided in this article is for general educational purposes only. While we strive for accuracy, this article may not contain a complete listing of all relevant state laws, nor guarantee the correctness of the information presented. Laws and regulations are subject to change, and specific legal advice should be obtained from a qualified attorney licensed in the relevant jurisdiction. The author and publisher disclaim any liability for errors, omissions, or outdated information, and make no warranty, express or implied, regarding the use or results of the information contained herein. Readers are responsible for independently verifying the current applicability of any law or regulation discussed.