Three US states propose to ban cosmetic ingredients with suspected links to cancer; if enacted, measures will ban antimicrobial parabens, fragrance-stabilizing phthalates, and UV-blocking benzophenones: Legislation Monitor

November 1, 2024 (Industry Intelligence Inc.) –

Four states are currently reviewing legislation aimed at cosmetic ingredients or product labeling. Michigan, Maine, and New York are advancing measures that would prohibit various hazardous or toxic substances in cosmetics. Meanwhile, Massachusetts is considering a bill that would mandate labeling on certain cosmetic products to disclose specific ingredients.

Among the bills under consideration are:

• MI HB5968. This bill in Michigan prohibits the sale and distribution of cosmetics containing certain hazardous chemicals and requires manufacturers to inform consumers about these substances. Notable inclusions are asbestos, benzophenones, and heavy metals along with carcinogens, lead, and lead compounds above specified limits. If passed, the bill would take effect on January 1, 2027.
• ME LD1908. This measure in Maine, titled the 'Safe Cosmetics Act,' bans the sale of cosmetics containing certain toxic substances linked to cancer, reproductive harm, and birth defects. Restricted ingredients include heavy metals, parabens, phthalates, formaldehyde, benzophenones, known carcinogens, asbestos, butylated compounds, siloxanes, phenylenediamines, and nitrosamines.
• NY S04265. This New York bill, known as the 'Beauty Justice Act', prohibits the sale of personal care and cosmetic products with intentionally added restricted substances such as heavy metals, parabens, phthalates, PFAS, and formaldehyde releasers starting Jan 1, 2028. The bill also bans products with restricted substances as byproducts or contaminants above set levels two years after regulations take effect.
• MA H381. This measure in Massachusetts requires that cosmetics intended for licensed professionals have labels disclosing specific ingredients, in accordance with federal cosmetic labeling laws.

The ingredients facing potential bans enhance cosmetics in a number of ways. For example, benzophenones provide UV protection in sunscreen. Heavy metals such as chromium and cadmium are used for pigmentation. Parabens act as preservatives. Phthalates help stabilize fragrances, enhance flexibility in nail polishes, and reduce stiffness in hair sprays. According to Campaign for Safe Cosmetics, these common ingredients are suspected to cause cancer.

Products containing many common cosmetic ingredients that are linked to serious health issues could be banned in Michigan starting 2027 and in New York starting 2028.  According to Crowell & Moring LLP, 39 states have already implemented laws regulating cosmetic ingredients or labeling in various ways.

For proactive companies, increasing legislative restrictions of ingredients perceived as harmful to human health signal the need to develop alternative formulas and vet different suppliers. Waiting to see if the bills will pass is not an option. Learning about new laws after they are enacted can cause companies to miss new opportunities or face unnecessary risks. 

Furthermore, companies with regional or national distribution need to navigate the different criteria and compliance deadlines across state lines.

Industry Intelligence Inc’s Legislation Monitor offers businesses a vital resource to navigate shifting state and federal legislation. The monitor provides weekly updates on key industry developments, including bill trends, historical context, sponsor tracking, AI-driven summaries, and expert analysis.

Legislation Monitor equips business leaders with the insights they need to make informed decisions to comply with legislative mandates. Explore our interactive Legislation Monitor demo at https://info.industryintel.com/market-intelligence-legislation-monitor. 
 

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