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Cosmetics Industry’s Preservatives Crisis Grows More Dire Under New Washington State Law

Executive Summary

Washington State Governor Jay Inslee signed into law HB 1047 on 15 May, implementing the most aggressive cosmetics ingredient ban in the country. The Personal Care Products Council and Independent Beauty Association are concerned about a lack of alternative preservatives to replace targeted formaldehyde-releasing substances effectively and affordably and the law’s inconsistency with FDA over lead levels, among other impacts.

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Washington State’s Toxic-Free Cosmetics Act, More Aggressive Than California’s, Awaits Governor’s Signature

The specter of reformulations, market disruptions and potential litigation hangs over Washington state as HB 1047 sits on Governor Jay Inslee’s desk. The Toxic-Free Cosmetics Act, seen by industry stakeholders as a metastasized version of California’s legislation of the same name, would ban the sale of cosmetics containing formaldehyde releasers or trace lead above 1 ppm, in addition to PFAS, ortho-phthalates and other ingredients.

California Cosmetics Bill Aims To Eliminate Half The Conventional Preservatives Recognized By FDA

The Toxic Free Cosmetics Act would make products adulterated under California law if they contain asbestos, lead or any one of a slew of intentionally added ingredients, most of them preservatives. The bill could be industry’s biggest legislative battle over the 2019-2020 period.

FDA’s 10ppm Cosmetic Lead Limit Criticized, Including By Industry Player

FDA’s draft guidance setting a 10ppm limit on trace lead in cosmetic products is not protective enough, according to stakeholders, including Beautycounter, which bills itself as “a company devoted to progress.” Commenter recommendations range from lowering the ceiling to banning lead-contaminated products outright.

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