California lawmakers pass legislation to ban PFAS for cosmetic products

On 23 August 2022, the California State Assembly passed legislation ‘AB 2771’. The bill would ban the sale in California of any cosmetics and personal care products that contain any type of PFAS (per- and polyfluoroalkyl substances) by 2025. The bill, AB 2771, is backed by a coalition of consumer interest groups, public health groups, and environmental non-profit organizations. It prohibits the entire class of PFAS chemicals from being added to cosmetics and personal care products. 

PFAS are synthetic chemical compounds that are strongly resistant to degradation and, as a result, tend to accumulate in the environment. Characterized by the presence of strong carbon-fluorine bonds, these include perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), Gen X, and more. PFAS can present a diverse range of health risks, and their extensive use has resulted in frequent exposure in humans. Very low doses of PFAS in drinking water have been linked to increased risk of cancer, harm to the reproductive and immune system, and liver and thyroid disease. PFAS chemicals have been used in cosmetics products like dental floss, lotions, cleansers, shaving cream, lipstick, eyeliner and mascara to improve durability and texture and to condition or smooth skin or make it appear shiny. Cosmetics with the highest levels of PFAS are often marketed as waterproof, wear-resistant or long-lasting.

What Would AB 2247 Require?

AB 2247 requires companies that manufacture or import products (or product components) to be sold or distributed in California with "intentionally added PFAS" to publicly register the product on or before 1 July 2026. Thereafter, a manufacturer or importer must register products sold during the prior calendar year by 1 July of each year.

As states continue to consider and pass legislation regulating PFAS in cosmetics and personal care products, manufacturers and importers of these products containing PFAS will need to evaluate the scope of each state’s laws and regulations to avoid violations. Manufacturers and importers should also consider how they will comply with the regulation as the sales of these products would be banned in California by 2025.