California’s Department of Public Health Updates Cosmetic Fragrance Allergen Reporting Guidelines

The California Department of Public Health (CDPH) has revised its fragrance allergen reporting guidance for cosmetic products. This revision comes after the inclusion of 155 new substances, including 56 fragrance allergens, to the state’s Reportable Ingredient List (RIL) in late 2023.

Background:

For nearly twenty years, companies in California have been obligated to reveal carcinogenic or reproductive toxic chemicals in their products under the California Safe Cosmetics Act (CSCA) of 2005. The 2020 Cosmetic Fragrance and Flavor Ingredient Right to Know Act (CFFIRKA) expanded this requirement to include fragrances and flavors. A recent update to the reporting guidelines distinguishes fragrance allergens from general "fragrance ingredients” that are added to enhance or neutralize odors. The CSCA and CFFIRKA require disclosure of such ingredients to the California Department of Public Health. The CSCP compiles all ingredients that are reportable under both the CSCA and CFFIRKA in its CSCP Reportable Ingredient List [​Excel], which is updated twice a year. When the list is updated, companies are given a six-month window to ensure compliance.

Recent update:

In the CFFIRKA report, ingredients labeled as "fragrance allergens" have specific reporting guidelines. Unlike other fragrance components, these allergens must be reported regardless of their purpose in the product, even if they're not intended to provide fragrance or odor control. Moreover, they must be disclosed in rinse-off cosmetics if their concentration is at or above 0.01 percent (100 parts per million) and in leave-on cosmetics if their concentration is at or above 0.001 percent (10 parts per million). The CSCP Reportable Ingredients List clearly identifies fragrance allergen ingredients. All other listed ingredients must be reported regardless of their concentration in the product.

As of March 27, 2024, the Summary of Updates tab of the Reportable Ingredient List will now mark all newly listed fragrance allergens from the European Union (EU) with an asterisk. This indicates that cosmetic product manufacturers in California must report each of these allergens, as specified in Annex III of the EU Cosmetics Regulation No. 1223/2009, to the California Department of Public Health (CDPH) by either 2026 or 2028, in accordance with EU law. However, they have the flexibility to submit this information before the deadlines. Additionally, cosmetic manufacturers, packers, and distributors are required to notify the CDPH of any ingredients known or suspected to be harmful as outlined in one or more of 23 designated lists created by various authoritative bodies.