California Governor approves Bill AB-2771 prohibiting the use of intentionally added PFAS in cosmetics and personal care products, including intentional breakdown products of added chemical, effective January 1, 2025.
On September 29 2022, the Governor of California, Gavin Newsom, approved California Assembly Bill AB 2271 to prohibit the sale of cosmetics and personal care products that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Bill AB 2271 broadens the ban of PFAS in cosmetics and personal care products, which previously covered 13 PFAS under California Assembly Bill AB 2762 (aka Toxic-Free Cosmetic Act), to encompass all intentionally added PFAS, including “intentional breakdown products of an added chemical.” The ban comes into effect on January 1, 2025.
Governor Newsom vetoed Assembly Bill AB 2247, which would have required manufacturers to register their PFAS substances and products containing intentionally added PFAS on a publicly accessible website to be developed by the state.
The approved AB 2771, states that, “beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).”
AB2711 holds to the Federal Drug Administration (FDA) definition for cosmetics and defines PFAS a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
‘Intentionally added’ is defined as:
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- PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product
- PFAS chemicals that are intentional breakdown products of an added chemical ingredient
To ensure compliance by January 1, 2025, cosmetic and personal care brands and retailers operating within the state of California should now begin working with their manufacturers and ingredient suppliers to ensure their final products:
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- Do not contain PFAS substances as ingredients
- Do not contain ingredients that have PFAS as a breakdown product
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Next step
To comply with California’s PFAS ban, effective January 2025, cosmetic and personal care product companies should work now to ensure that their products do not contain any PFAS as an ingredient or contain ingredients that will break down into PFAS.
Author
Karen Rauen, Ph.D.
Cosmetics & Hygiene – Senior Technical Manager
