California continues to lead the charge on cosmetics regulation, this time with a bill aimed at increased transparency regarding cosmetic fragrances and flavors.
If passed, the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019 (SB 574) would require manufacturers to report the presence of a list of set ingredients in cosmetics products to the California Department of Public Health (CDPH) Safe Cosmetics Program.
This disclosed information would then be made available to the public via the California Department of Public Health’s Safe Cosmetics Database.
Set ingredients list
The set list of ingredients cosmetics that manufacturers would be required to disclose the presence of to the CDPH includes:
- Listed as reproductive toxicants or carcinogens under California’s Proposition 65
- One of the EU’s candidate list of substances of very high concern (SVHCs)
- Identified by the International Agency for Research on Cancer (Iarc) as group 1, 2A or 2B carcinogens
- Named as neurotoxins by the Agency for Toxic Substances and Disease Registry
- Reproductive or developmental toxicants identified by the National Toxicology Program
An additional focus on allergens
In addition to disclosing any of the set ingredients within a cosmetic product, manufacturers would also be required to disclose if a product is intended for consumer or professional use.
It’s also important to note that manufacturers would also be required to “notify fragrance allergens, as included in Annex III of the EU’s cosmetics Regulation, present in a rinse-off cosmetic at a concentration above 100 parts per million or in a leave-on product above 10ppm.”
Trade secret protection
Despite the strict ingredient disclosure mandated by SB-574, manufacturers would not be required to disclose the amount or weight of fragrance or flavor used. Additionally, formulation details would not be required to be shared, thus allowing manufacturers to maintain trade secrets.
Legislative sponsors
SB-574 was introduced by Senator Connie M. Leyva (Democrat-Chino) in February 2019. According to her official website, Senator Leyva introduced the bill to “empower consumers.”
“In California, we actually know more about the fragrance ingredients in products that we use to clean our homes than those that we put on our faces or bodies,” said Senator Leyva, according to the official press release. “Consumers have a right to know what ingredients are in the beauty and personal care products they bring home to their families and use daily on their bodies. The bottom line is that no toxic ingredients should be kept secret. SB 574 will empower consumers so that they can make educated decisions about which products to use with their kids and families.”
The Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019 is also sponsored jointly by Black Women for Wellness, Breast Cancer Prevention Partners, and Women’s Voices for the Earth.
Current status
“In California, we actually know more about the fragrance ingredients in products that we use to clean our homes than those that we put on our faces or bodies.”
Senator Connie M. Leyva
If SB-574 is passed into law, the required reporting of specified fragrances and flavors would be mandated to begin on July 1, 2020. Additionally, the database ran by the California Department of Public Health Safe Cosmetics Program would also need to be made publicly available then.
“The bill would, commencing July 1, 2020, require the division to post on its existing database of cosmetic product information a list of those fragrance ingredients and flavor ingredients in the cosmetic product and its associated health hazards. By creating a new crime, the bill would impose a state-mandated local program.” – SB-574 Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019
Currently, the Fragrance and Flavor Ingredient Right to Know Act of 2019 currently awaiting a vote by the State Assembly, and has already passed the state Senate.
Read the full Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019 (SB 574) here.
