The Golden State added several new laws affecting cosm In addition to the legislation outlined below, California has made two more major changes, affecting most cosmetic and personal care brands:
Signed into law on June 30, 2022, SB 54 requires all packaging to be recyclable or compostable by 2032. It goes further than any other state legislation in addressing plastic production and recycling.
The Golden State has extended reporting, via SB 484 for intentionally added ingredients, to those ingredients present in fragrances and flavors used in cosmetics. California’s “Reportable Ingredient List” (SB 312) has been revised to include references to INCI names and the International Fragrance Association (IFRA) ingredient list. Check out our story about the “Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020 or SB 312 for a helpful FAQ, which includes a full list of reportable ingredients and allergens.
Many brands are using The Ithos Information Network software solution to screen formulas against the new updated ingredient list to identify products that must now be reported in California.
CA SB 343 – Environmental Advertising: Recycling Symbol
Passed in 2021, CA SB 343 seeks to end consumer confusion by clearly defining the recycling symbols on product packaging, while prohibiting any false or misleading recycling claims. “Environmental Advertising: Recycling Symbol,” forbids the word “recyclable” on any product packaging that is not 100% recyclable to prevent cross contamination with other recyclable materials. Further, the bill restricts use of recycling symbols on packaging where there is insufficient packaging documentation. This includes preventing the Plastic Resin Identification Coding System from being labeled on packaging that is not recyclable in the state.
CA AB 45 – Industrial Hemp Products
Adopted last year, AB 45 now imposes new legal regulations on food, drugs, devices and cosmetic products containing industrial hemp, cannabinoids, extract, or derivatives from industrial hemp. However, it includes the provision that prohibits restrictions on the sale of cosmetics with hemp, solely because they include hemp, cannabinoids, extracts or derivatives from industrial hemp. The goal of the law is to prevent misleading labeling about health-related benefits from consuming products containing hemp, cannabinoids, extract or derivatives from industrial hemp.
Notably, the law also requires a Certificate of Analysis for all cosmetics containing industrial hemp that demonstrates a safe THC level (below 0.3%) as well as a safe origin of the hemp ingredient.
Additional requirements include:
- Adequate testing and labeling for specified products, including hemp, through an authorization process.
- A $250 fee for all manufacturers of industrial hemp, to fund the Industrial Hemp Research Program at the University of California.
CA AB 818: Solid Waste: Premoistened Nonwoven Disposable Wipes
To address the environmental impact of disposable wipes, CA AB 818 targets all nonwoven, disposable wipes including bathroom, makeup removal, diaper, feminine, and cleaning and sanitizing wipes. It includes the “Do not flush” labeling requirement on any pre moistened, nonwoven disposable wipes. The law also prohibits symbols or images indicating any flushable attributes of the disposable wipes.
Notably, the law now requires all manufacturers of pre moistened, nonwoven disposable wipes to participate in a collection study with wastewater agencies until 2027. Done in collaboration with an educational program, it will require manufacturers to take on additional responsibilities that foster more consumer awareness about the need to recycle wipe products.
As always, if you have questions about how these measures may affect your current – or future– products, our Ithos team of regulatory experts is ready to help. Cosmetic brands of all sizes rely on our compliance experience and insights to navigate new regulations.
