Ithos Global Regulatory Team, Author at Ithos Global

EU Lowers Threshold for Labeling Formaldehyde Releasers in Cosmetics

The EU is lowering the threshold for labeling when formaldehyde releasers are present in cosmetics. The October 6, 2022 amendment of the European Cosmetics Regulation 1223/2009 drops the previous level of 0.05% (500 ppm) to 0.001% (10 ppm). This applies to the total formaldehyde released, regardless of whether a product contains one or more formaldehyde releasers.

While formaldehyde is rarely used in today’s cosmetic formulas, preservatives that release the chemical as an impurity in the presence of water are still common in many cosmetic products such as shampoos and creams, as well as topical medications and household cleaners.

All finished products containing substances which are listed in the Annex and which release formaldehyde must now be labeled with the warning “releases formaldehyde,” where the total concentration of formaldehyde released in the finished product exceeds 0,001 % (10 ppm).

Updated to reflect this change, the Ithos Information Network allows brands to quickly evaluate ingredient lists across their portfolio to determine which products are impacted by the new EU policy.

Whether leave-on or rinse-off, any product with releasers must include the specific label “contains formaldehyde.” According to the amendment, products not meeting the new limits may not be placed on the market after July 31, 2024. Further, non-compliant products must not be available for sale after July 31, 2026.

Common ingredients that may be affected by the change include:

In addition, Quaternium-15 is a formaldehyde releaser, now prohibited.

FDA Publishes Information on Formaldehyde Risks in Hair Smoothing Products

Concerned about how this change will affect your products? Contact us for a demo that shows how the Ithos Information Network can keep you up to date on changing regulations.

Seeing Stars: Rise of Celebrity Beauty Brands

Name a famous singer, actor, or athlete today and there is a good chance they’ve launched a make up or skin care line. The rise of celebrity beauty brands is connected to explosive growth in the global beauty market, increased influencer marketing and more celebrities branching out to create lifestyle brands. .

At Ithos, we’ve been working with celebrity brands for years, including Rare Beauty (Selena Gomez), Half Magic (Donni Davi/Euphoria), Florence by Mills (Mills Bobby Brown) and Moon (Kendall Jenner).

While a celebrity provides built-in name recognition and cross-promotional opportunities, fame won’t protect you from pitfalls that can plague any small start-up cosmetic line. Brands use the Ithos Information Network to carefully navigate product development, saving valuable time, money and – pardon the pun – face!

1) Marketing: Too many start-up brands lack a 2-3 year business plan to guide their growth. If your strategy is “we’ll see where it goes from here” you could be making major investments – and costly mistakes. Too often, brands focus on the market they launch in (the US, for example) without considering compliance rules in other potential markets. With a celebrity, brands can quickly go viral – and it takes too long to fix a formula to sell in Japan, Israel or Argentina.

2) Responsible Person Review: To align with a show’s new season or album release, celebrity brands may agree to aggressive timelines and commit major resources – without considering how long it could take for approval – or making changes to be compliant in a new jurisdiction (US vs.UK, for example).

3) Retailer Compliance: Increasingly, retailers maintain their own compliance lists, whether banned ingredients or endorsed “clean” brands. Know the retailers you are targeting. While celebrity brands may get attention, they won’t sell in a store with ingredients on a “no-no list.” Recovering from this kind of setback not only costs time and money, it can damage your reputation across the industry.

4) Social media: Publicity is a double-edged sword, and celebrity brands should not underestimate the power of social media, both positive and negative. There is more pressure and exposure when a product is tied to someone famous. News is instant and lives online forever. When it is good, it can create global demand. When it is bad – especially if a product is criticized for being unethically tested or not sustainably produced – it can decimate your brand’s growth potential.

How Ithos Helps Celebrity Brands

To avoid the problems outlined above, many brands rely on the Ithos Information Network to meet regulatory requirements. Those who see the greatest return on investment partner with us as they begin the product development process.

The IIN ensures ingredients and formulas are compliant from the start in the United States, Europe and around the world. With this regulatory roadmap, brands can be nimble, reacting quickly to new market opportunities, or, as we saw over the past few years, supply chain disruptions.

Because the IIN stores and organizes your documentation, the brand has one source of truth. All your data – the heartbeat of your company – is maintained in one location, accessible to anyone who needs it. This is especially valuable as a brand grows its product portfolio and expands into multiple markets.

And, because we’ve guided celebrity brands through every stage of development, companies rely on our team of regulatory experts for trusted guidance. Whatever problem you’re facing, there’s a good chance we’ve handled it before. For celebrity brands, this can be especially helpful, given the heightened pressure and scrutiny of the spotlight.

Whether you are considering a celebrity brand or already working for one, talk to our team today about how we can streamline your product development process and help you plan for the future.

To Avoid Major Delays and Expenses, Verify Formulations Before Sending to a Responsible Person

To avoid major delays and expenses, brands should verify formulations before sending to a Responsible Person (RP) in the EU and UK. At Ithos, we see too many companies scrambling after a Safety Assessor will not sign off on a formula, artwork or claims reviews. By making compliance part of the product development process, you can avoid expensive setbacks and keep new products and new market launches on track.

“We’ll deal with the EU when we’re ready to expand there.”

“Our RP handles our compliance checks in the UK.”

We hear these responses all the time. Unfortunately, once you turn over your formula to an RP, a negative report from the Safety Assessor means you’re either headed back to the drawing board, reworking labeling, or ditching expansion plans altogether. We’ve seen existing purchase orders go unfulfilled. And your expensive clinical studies, artwork and production are suddenly worthless.

An RP can also take issue with the clinical studies for claims support, failing your formulation if the study and protocol are not developed to ensure they support the claims correctly. When companies are forced to retest, reformulate, and resubmit data – it costs valuable time and money.

Cosmetic Regulations and the EU

By running potential formulas through the Ithos Information Network, our web-based compliance solution, you’ll be alerted if an ingredient is not compliant, in any jurisdiction. That way, you can make changes early, before committing to marketing campaigns, manufacturing, and other costs.

Do you Know the Four Primary Steps Every RP Takes?

When you send a formula to an RP in the EU and UK, there are four key steps taken before your product is approved to go to market:

1. Evaluation of formulation and documentation to confirm compliance within the jurisdiction(s)

2. Creation of a Consumer Product Safety Report (CPSR), otherwise known as a safety assessment, performed by a certified toxicologist, called a Safety Assessor

3. Evaluation of all labeling and claims to ensure the label formatting is compliant and all claims are formally supported

4. Formal notification of the results, via the EU and/or UK portals

While every brand has a different product development process, the milestones are the same. You may not be thinking about moving into new markets yet – but the Ithos Information Network ensures that when the time comes, you’re ready.

Five Ways to Build a Global Brand from the Beginning

Staying Off Retailer No-No Lists

In addition to meeting key market regulations, another reason to verify new product formulations through the Ithos Information Network is increasing scrutiny from retailers.

Whether banning substances, approving brands, or featuring products that meet additional requirements, retailers such as Ulta and Target are showcasing their social responsibility with “No-No Lists,” “Green Lists,” “Clean Lists,” “Black Lists,” and others that are shared with customers online and in stores.

Because the IIN is constantly updated, we screen ingredients and formulas against these evolving lists, ensuring your product is ready to sell anywhere – and won’t be called out on social media for certain ingredients. This is why many brands continue to use the IIN long after their formula is approved.

Ithos as your Advocate

In some cases, Ithos can intervene on a brand’s behalf, providing expert regulatory explanation or key data to potentially amend a Safety Assessor’s decision to ensure agreement and marketability of a product.

Some RPs are more stringent than others, and this type of advocacy is done by our in-house regulatory experts on a case-by-case basis. An RP may not have access to the most up to date information, or the issue may be open to interpretation, such as rulings, use of symbols or labeling requirements. Our team can talk directly to the RP about your specific brand or product type.

To see how the Ithos Information Network can help you launch compliant products and avoid expensive delays, contact us to schedule a demo.

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Compliance updates: China’s new standards, PFA bans in US, South Korea’s packaging

At Ithos, we constantly monitor new cosmetic compliance trends and regulations around the world. By updating our software solution, the Ithos Information Network, brands and manufacturers can ensure formulas are compliant across global markets. Below are three key compliance changes to be aware of:

China’s First Clean Beauty Standard: China’s first clean beauty standard went into effect on August 8, 2022. “T/GDCA 011-2022 Cosmetics—General Principle of Clean Beauty” specifies not only clean beauty terms and definitions, but also provides guidance on design, production, packaging, storage, use and recycling of beauty products sold in China. In general, clean beauty refers to a brand’s responsibility for human health and safety, as well as animal testing and social responsibility, including sustainability. However, because no universal standards exist, the classification has been defined by each brand. Now, countries are providing more guidance. China’s first clean beauty standard was released by the Guangdong Cosmetics Association in July, 2022. Typically, this type of group standard refers to voluntary rules, adopted by professional associations and often precedes official national standards.

China Adopts New Excessive Packaging Restrictions

Colorado and Massachusetts Take Action on PFAS: With no federal law or FDA guidelines governing cosmetic use of per- and polyfluoroalkyl substances (PFAS) in the US, individual states are taking action. Many are banning or restricting the class of artificial, biopersistent chemicals, often used in cosmetics for durability. In Colorado, HB22-1345, or the “Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act,” was passed in June, 2022 and prohibits PFAS in fracking, cosmetics and other applications, as of January 1, 2025. In Massachusetts, the PFAS Interagency Task Force issued a roadmap last Spring, recommending removal of the persistent substance class from all consumer goods by 2030. Several states, including California and New York, already have PFAS legislation on the books.

States Adopt New Rules on Cosmetic Packaging

South Korea Requires Recyclability Data on Packaging: South Korea’s Ministry of Environment adopted new rules this year, requiring brands to submit substantiation of the recyclability of packaging materials. The new rules build on the country’s 2018 Recycling Act, which bans the use of plastic materials that are difficult to recycle such as PVC and colored PET bottles for cosmetic products. Submission of substantiation should be completed by April 15th of each year, starting in 2022.

France and Italy Take Steps to Reduce Packaging Waste

Ithos will continue to monitor packaging, PFAS and other new regulations to update the Ithos Information Network with new information. If you want the IIN to screen your product portfolio, contact us today.

As a result of Brexit, cosmetic and personal care brands are preparing for the UK marking and testing to change for aerosols in 2023. Breaking away from current European Union (EU) labeling requirements, the UK is now requiring companies to comply with different labeling requirements depending on where they sell their product.

The UK Conformity Assessed (UKCA) from the UK Department for Business, Energy & Industrial Strategy, has created a new symbol, called the UKCA marking, for goods being placed on the market in Great Britain (England, Wales or Scotland). The new marking covers most goods that previously required the CE marking, and aerosol products that previously required the “reverse epsilon” marking. Now, companies will need to include the UKCA marking on their labels.

Timing of new UKCA marking

While the new UK Conformity Assessed (UKCA) marking went into effect January 1, 2023, businesses can continue using the EU’s CE marking until January 1, 2021 while adjusting to the new requirements. Also, if you placed goods on the UK market (or in an EU or EEA state) before January 1, 2021, they do not need to comply with the new marking or testing. They can continue to circulate in the market until sold to the end user. It is important to note that the new UKCA marking alone cannot be used for goods placed on the Northern Ireland market.

Six things you need to know for life after Brexit

Labeling rules for the new UKCA marking

Brands only need to use the new UKCA marking before January 1, 2023, if all the following apply to a product:

It is for the market in Great Britain
It is covered by legislation which requires the UKCA marking
It requires mandatory third-party conformity assessment
It’s product conformity assessment has been carried out by a UK conformity assessment body

While the general rule for the UKCA marking is that it must be clearly visible and legible when you affix it to the product, if this is not possible, you must attach it to the packaging (if any) or accompanying documents. UKCA markings must only be placed on a product by the manufacturer or the authorized representative (where permitted in the relevant legislation).

Additional rules for the UKCA marking include:

When affixing, you take full responsibility for your product’s conformity with the requirements of the relevant legislation
No marking or sign can be affixed that may misconstrue the meaning or form of the UKCA marking to third parties
Do not attach other markings on the product which affect the visibility, legibility or meaning of the UKCA marking
Do not place the UKCA marking on products unless there is a specific requirement to do so in legislation
If the marking is reduced or enlarged, the letters forming the UKCA marking must be in proportion to the standard marking, which is at least 5mm in height (unless a different minimum dimension is specified in the relevant legislation)
The UKCA marking must be easily visible and legible and maintain required proportions, but it can take different forms (color, transparency, etc.)

Maintaining UKCA documentation

A brand or its authorized representative must keep documentation to demonstrate that a product conforms with the UKCA regulatory requirements. These documents must be kept for up to 10 years after the product is placed on the market. Many brands are using the Ithos Information Network to store their UKCA documentation, because it can be requested at any time by market surveillance or enforcement authorities to verify a product still conforms with the statutory requirements.

Watch Ithos recent webinar on the impact of Brexit on cosmetic compliance. Our regulatory experts explain UKCA, as well as EPR, Green Claims Code, the Plastic Packaging tax and more. Learn how these changes affect your compliance process, what to expect next and the solutions Ithos has developed to help navigate Brexit changes.

Testing for UKCA Compliance

In addition to changes in marking, there are also new testing protocols for aerosols in the UK. SPC Enforcement 126 Version 4 relates to leak testing of filled aerosols in the UK. It has been updated to consider the 2009 revisions and the “Aerosol Dispensers Directive” has been fully implemented into UK law. This update clarifies the issues around immersion of aerosols during a water bath test.

Most aerosols are pressurized with propellants which may contain flammable solvents. Allowing water bath alternatives eliminates the need to heat the aerosols for the purpose of testing. Instead, there are stringent quality controls on containers and components to guard against the risk of bursting. The Aerosol Dispensers Directive also introduces a ‘micro-leak’ detection requirement to check the quality of the valve crimped on after filling.

Ithos will continue to monitor these changes and provide information on testing alternatives and other directives as the UKCA mark goes into effect. Be sure to sign up for our newsletter for updates on this and other compliance issues.

Toxic Chemicals and PCR requirements being addressed through legislation

Ithos is constantly monitoring cosmetic compliance legislation and we are seeing states continue introducing more beauty packaging regulations. While the Food and Drug Administration (FDA) oversees the safety of all consumer packaging (food, drug and cosmetic) in the United States, there is currently no federal law or pending legislation that addresses composition of packaging materials or recycling requirements.

As a result, states are taking action to address these issues, including tax incentives to encourage more sustainable practices. That means personal care brands must navigate an increasingly complex patchwork of regulations across the country. They are relying on the Ithos Information Network and our team of regulatory experts to stay up to date. Current laws on the books include:

Washington: State Packages Containing Metals And Toxic Chemicals
Minnesota: Statutes 115A.965 Prohibitions On Selected Toxics In Packaging
New York: Hazardous Packaging Law
New Hampshire: Solid Waste Management Toxics Reduction
Rhode Island: Chapter 23-18.13 Toxic Packaging Reduction Act

PCR and EPR Requirements

Much of the recent legislative activity focuses on sustainable packaging, including post-consumer recycled content (PCR) requirements and extended producer responsibility (EPR) bills. EPR seeks to hold producers responsible for the entire life cycle of a product when it is introduced to market, from design through waste collection and recycling.

While proposed laws primarily focus on plastic materials, they often include PCR requirements by material type, are applied to all materials, or instruct producer responsibility organizations to include PCR targets in their stewardship plans.

Learn more about laws banning PFAS or “forever chemicals” in cosmetics

In Washington State, PCR and EPR are being tied to additional requirements. SB 5022 requires plastic packaging producers to meet minimum post consumer recycled content targets for household and personal care product plastic packaging sold in the state. The phased in approach includes the following timetable:

15% by January 1, 2025
25% by January 1, 2028
50% by January 1, 2031

Companies selling products included in the bill must also register with the Washington State Department of Ecology and renew registration each year. Manufacturers that do not meet the minimum post-consumer recycled content requirements will face financial penalties for non-compliance.

In Colorado, House Bill 22-1355 establishes extended producer responsibility (EPR) for printed paper and packaging. It mandates that companies selling consumer-facing packaging and some types of printed paper must join a producer responsibility organization (PRO) or submit an individual plan. While there are some exceptions for smaller businesses and highly regulated packaging, such as medicine, the goal is by collecting dues, the PRO can fund and manage a statewide recycling system.

Colorado follows Maine and Oregon, who have already passed producer responsibility laws. More than 30 states have legislation specific to individual product categories or packaging material in different stages of becoming law.

With states adopting different laws for PCR and EPR requirements, more cosmetic, beauty and personal care brands are using the Ithos Information Network to manage the labyrinth of laws and regulations. Using our compliance solutions, you can easily store and access packaging specifications and documentation, including materials of composition, PCR content percentages, and recyclability – and provide reports on demand.

Ithos provides peace of mind. Because the Ithos Information Network tracks new laws, you’ll be alerted if your product is affected. Our experts are available to answer questions and advise on next steps. Contact us today to learn more.

Several of California’s new emissions standards for volatile organic compounds (VOCs) in personal fragrance and hair products go into effect on January 1, 2023. Published via public meeting by the California Air Resources Board (CARB) in March, 2021, the new VOC emission levels are the most stringent in the U.S. and seek to further reduce smog in the state. Additional reductions go into effect in 2029 and 2033, with more states and countries expected to follow California in further reducing VOC levels.

Learn about California’s Toxic Free Chemicals Act

Ithos is working with many brands to create new product formulations to comply with California’s new standards. Below is some important information to clarify how the new VOC levels apply to existing and new products:

For Non-aerosol personal fragrance products containing less than 7% fragrance:

New products: The permissible VOC percentage drops from 75% to 70%. As of 1/1/23, all new products must be manufactured to meet the 70% threshold.

Existing products: If a personal fragrance product is manufactured before 1/1/23 and still contains 75% VOC, it can be sold until 1/1/2026 or a three year sell through period.

The VOC percentages and deadlines are based on the percentage of fragrance in the product as well as the product type (aerosol or non-aerosol). In hair care, VOC percentages for dry shampoo and hair finishing spray are also set to change in January. With less than six months until new standards go into effect, it is important to get started reformulating products to avoid fines in 2023 and beyond. Work with your R&D department or your manufacturer to determine your current VOC levels. This can be done through either a product test or calculation.

Once you have the information, the Ithos Information Network can help streamline the reformulating process, including:

Suggesting alternative ingredients to meet new standards
Archiving existing and creating new formulations
Provide necessary documentation for compliance

Contact us for help with reformulation.

Below is a guide to California’s new and existing standards, including a full list of affected products, with the new VOC percentage requirement and date the change goes into effect.

New and Existing California VOC Standards

Personal Fragrance Products: Manufactured between 1/1/23 and 12/31/30

Product Category	Effective Date	New VOC Standard
Aerosol	1/1/23	70%
Non Aerosol
Products with 7% or less fragrance	1/1/23	70%
Products with more than 7% fragrance	1/1/23	75%

Personal Fragrance Products: Manufactured as of 1/1/31

Product Category	Effective Date	New VOC Standard
Aerosol	1/1/31	50%
Non Aerosol
Products with less than 10% fragrance	1/1/31	50%
Products with more than 10% fragrance	1/1/31	75%

Hair Products

Product Category	Effective Date	New VOC Standard
Dry Shampoo	1/1/23 1/1/29	55% 50%
Hair Shine	1/1/05 1/1/29	55% 50%
Hair Finishing Spray	1/1/93 6/1/99 1/1/23	80% 55% 50%
Temporary Aerosol Hair Color	12/31/10 1/1/29	55% 50%
Hair Mousse	1/1/94 12/31/02	16% 6%
Hair Styling Product: Aerosol & Pump Spray	12/31/06	6%
Hair Styling Product: All Other Forms	12/31/06	2%

Are you up to date on all the changes to California compliance laws?

Your brand is your baby, so choosing who makes your products is a major decision, and we compiled five things to consider before contracting a cosmetic manufacturer. Knowing what questions to ask before you sign on the dotted line can prevent production problems and help ensure quality and safety.

At Ithos, we work with companies of all sizes, from independent start-ups to international brands with major buying power. We help draft contracts and provide supplier outreach to help organize documentation. We’ve seen the common challenges facing brands, including fallout from supply chain disruptions caused by Covid. Below are some tips to consider when evaluating your current agreement or considering a new one:

1. Sourcing materials: Make sure your contract requires the manufacturers to inform you if they switch the source of approved raw materials. Ingredients and their compliance have a big impact on the quality of your product and it is too late once the product is already made.

2. Documentation: Require, in writing, a list of the documentation your manufacturer agrees to maintain and the amount of time they can take to provide it. Regulations are constantly changing, especially around packaging and ingredient safety. And you may want to expand to a new market. Don’t lose time and money chasing paperwork – be sure it is always available to you.

3. Non-conformance: Your contract should include a process for dealing with non-conformance. Each time a batch is made, what steps are taken to check specifications? And, if something goes wrong, what happens next? How quickly will they alert you? What are the ways they will correct the problem? Who bears the costs? There should be a checklist used before your product is produced and then released to go to market.

4. Global ingredient policy: In addition to global compliance factors, beauty brands now face increasing scrutiny around ethical and sustainable practices from testing to production. It is vital that your manufacturer understands – and your contract reflects – your formulation and ingredient policy, including the use of animal ingredients and ethical sourcing.

5. Quality standards: Your manufacturer should be able to explain the quality control systems they have in place and include them in your contract. From hygiene to safety protocols, OSHA regulations to contamination shutdown procedures, you should feel confident your manufacturer is meeting quality standards when making your product.

Five tips for finding the best cosmetic contract manufacturer

Four more steps before you sign

In addition to the areas noted above, there are four more steps you should take before signing a contract with your manufacturer:

1. Protect your own agility: Know what your manufacturer can handle and make sure you have thoroughly vetted your capacity constraints and options so that you can remain agile and keep production on schedule.

2. Have a back-up plan: Too often, a brand will start out with one manufacturer, then outgrow capacity or discover issues with quality. It isn’t enough to be able to exit your existing contract, you should also have a plan for where you can move or know what other manufacturers can meet your needs.

3. Get good feedback: Don’t just rely on your regulatory team to review a contract. It covers so many areas, it is important for sourcing, operations as well as your legal counsel to make sure nothing is overlooked. At Ithos, we often serve as fresh eyes, reviewing contracts for our customers.

4. Create a scorecard: Brands who use multiple manufacturers or are considering contract renewal often utilize scorecards to evaluate performance over time. From documentation to responsiveness and on-time delivery, it allows you to address issues or can help decide when it’s time to end a relationship.

Before you pull the trigger

Because we work with both brands and manufacturers, our Ithos team of regulatory experts can provide valuable perspective and experience in solving contract issues. We help draft contracts for brands and also work with contract manufacturers to get documentation and reporting in place. In addition, our supplier outreach solution gathers your documentation, reviews it for completeness and quality, then organizes it for your easy access in the Ithos Information Network. Contact us before pulling the trigger with a new contract manufacturer.

With 32 states weighing more than 200 bills, brands navigate a complex patchwork of regulations and timelines

Per- and polyfluoroalkyl substances, also known as PFAS, are a class of artificial, biopersistent chemicals that are popular in consumer goods, including cosmetics, because of their durability. The trend of banning PFAS chemicals in cosmetics is expected to continue, given recent legislative action, coupled with new research showing increased health risks of the compounds. With 32 states weighing more than 200 bills, and several states and countries already putting laws on the books, cosmetic companies will continue navigating the patchwork of different PFAS regulations and timelines.

Known as “forever chemicals” because they are almost impossible to destroy and remain in the environment for an extended period, PFAS are often used to make cosmetics longer-wear, waterproof, easier to spread, more absorbable on skin, and to give the appearance of smoothness or shimmer. PFAS are also common in non-stick cookware, cleaning products, fire-fighting foam, food packaging and processing.

The FDA does not currently regulate PFAS and most people in the U.S. have some in their bloodstream. Some studies report potential health risks that may include: change in liver enzymes, decreased infant birth weight, and higher risk of high blood pressure – as well as cancer.

A sample of state laws and regulations include:

California: In 2020, California banned 13 PFAS in cosmetics in the Toxic Free Cosmetics Act, also known as AB 2762. It goes into effect on January 1^st, 2025. Another proposed bill, AB 2771, would ban all PFAS in California – not just 13. A second proposed bill, AB 2247, would require annual registration of all products containing PFAS that are sold in California on a publicly accessible reporting platform.

New York: A new law requires notification of added PFAS by 2024. By 2025, the sale of products with added PFAS will be completely banned in the state.

Maine: In July 2021, the state of Maine passed a law that requires companies to submit notifications to the state if there are “added PFAS in their products.” The state will ban the sale of products with additional PFAS by 2030.

Maryland: Maryland recently enacted H.B. 643 which prevents certain substances from being included in cosmetic products sold within the state. It goes into effect on January 1, 2025 and will prohibit businesses from “knowingly manufacturing, selling, delivering, holding, or offering for sale in the State a cosmetic product that contains certain ingredients” that include 13 PFAS chemicals or any salts of the named PFAS. The ban includes eleven other chemicals such as mercury and formaldehyde, as well as two phthalates.

Note: the law exempts cosmetics containing PFAS where the product was manufactured intending to comply with the law and contains a trace quantity of a banned ingredient due to an impurity, the manufacturing process, or because of storage and packaging.

Vermont: In 2021, Governor Phil Scott signed S20, banning the sale of consumer products that contain PFAS.

Minnesota: Three bills that would ban the manufacturing, distribution and sale of cosmetic products, as well as cookware and ski wax, that contain PFAS are being considered this year. The ban would go into effect on Jan. 1, 2024.

Massachusetts: After a year-long study, Massachusetts Interagency Task Force has recommended the Bay State regulate PFAS chemicals as a class, restrict the sale of consumer products with intentionally-added PFAS by 2030.

Michigan: In 2021, Governor Gretchen Whitmer ordered state agencies to avoid buying products containing per- and polyfluoroalkyl substances (PFAS) when possible.

Washington: Governor Jay Inslee signed HB 1694 into law, tackling PFAS in a broad range of products by 2025. It includes both cosmetics and clothing.

Canada: Last year, the Canadian government agreed to three steps toward addressing PFAS as a chemical class. They include:

continue to invest in research and monitoring on PFAS
collect and examine information on PFAS to inform a class-based approach
review policy developments in other jurisdictions

By 2024, Canada will publish a state of PFAS report to summarize findings.

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apbct_site_landing_ts	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
apbct_site_referer	3 days	No description available.
apbct_timestamp	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
apbct_urls	3 days	No description available.
apbct_visible_fields	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
ct_checked_emails	session	No description
ct_checkjs	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
ct_fkp_timestamp	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
ct_has_scrolled	session	No description
ct_ps_timestamp	session	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.
ct_screen_info	session	No description
ct_sfw_pass_key	1 month	CleanTalk–Used to prevent spam on our comments and forms and acts as a complete anti-spam solution and firewall for this site.

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