What Does California’s AB 764 Law Ban in Cosmetics?

California has enacted legislation that increases the number of chemicals prohibited from use in cosmetic products sold within the state. This action aims to remove substances with potential health risks from beauty and personal care items, aligning state standards more closely with international regulations. The law builds upon the state’s existing framework for cosmetic safety by focusing on the ingredients used in daily consumer goods.

Prohibited Substances Under the Law

The California Toxic-Free Cosmetics Act, or Assembly Bill 2762, prohibits 24 substances from being intentionally added to cosmetic products. This list includes chemicals such as formaldehyde, a known carcinogen used as a preservative, and mercury, a heavy metal with neurotoxic effects. The ban also encompasses specific phthalates like dibutyl phthalate and diethylhexyl phthalate, which have been linked to endocrine disruption.

Assembly Bill 496 added 26 more chemicals to the prohibited list, with its provisions becoming effective January 1, 2027. Among these are lily aldehyde, a fragrance ingredient, and styrene, which are identified as potential carcinogens. Also included is cyclotetrasiloxane, a silicone compound used to improve texture in creams and lotions. These substances were targeted based on evidence suggesting links to health issues like cancer and reproductive harm.

The initial ban under AB 2762 also prohibits thirteen specific per- and polyfluoroalkyl substances, commonly known as PFAS. These “forever chemicals” are used in cosmetics for their water- and grease-resistant properties in products like foundations and eye makeup. Their persistence in the environment and the human body, coupled with potential links to severe health conditions, prompted their inclusion. The law targets the “intentionally added” use of these chemicals.

The legislation provides an exemption for trace quantities of a banned substance if its presence is technically unavoidable. This can result from impurities in ingredients, the manufacturing process, storage, or migration from packaging. This provision distinguishes between intentional use and minimal, unintentional contamination.

Regulated Products and Entities

The law applies to any product intended to be “rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body…for cleansing, beautifying, promoting attractiveness, or altering the appearance.” This definition covers a vast range of personal care items, including:

• Makeup
• Skincare creams
• Shampoos and conditioners
• Deodorants
• Nail polishes

If a product is sold in California and meets the definition of a cosmetic, it must comply, regardless of where it is sold.

Responsibility for compliance extends across the entire commercial supply chain in California. The law states that no “person or entity” may manufacture, sell, deliver, hold, or offer for sale any cosmetic product containing the banned substances. This places the legal burden on manufacturers, importers, distributors, and retailers.

Businesses at all levels must implement verification processes. Manufacturers must reformulate products for the California market, while distributors and retailers need to secure assurances from suppliers that products are free of prohibited ingredients. Failure to do so exposes them to legal and financial penalties.

Enforcement and Compliance Deadlines

The ban on the 24 substances outlined in the Toxic-Free Cosmetics Act (AB 2762) takes effect on January 1, 2025. After this date, cosmetic products containing these specified chemicals cannot be legally sold in California. The subsequent ban on the additional 26 ingredients from AB 496 will become effective on January 1, 2027.

Enforcement of the ban is handled through civil actions. The state’s Attorney General, as well as specified public attorneys like district or city attorneys, are empowered to bring a legal action against any person or entity found in violation of the statute.

Violations of the law can result in civil penalties. The specific fine amounts fall under the state’s general provisions for unfair competition or public health violations. Fines can be assessed per violation, meaning each unit of a non-compliant product sold could be considered a separate violation.

Context with Other Cosmetic Regulations

The Toxic-Free Cosmetics Act and its expansion build upon California’s previous legislative efforts. These laws represent an evolution of consumer protection, moving from ingredient disclosure requirements to outright bans on substances deemed to pose a risk to public health.

These state-level bans interact with federal law, specifically the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). MoCRA grants the U.S. Food and Drug Administration (FDA) greater authority over cosmetic products, including the power to order recalls and require facility registration. The federal law also includes preemption clauses that can override state laws to create a uniform national standard.

However, MoCRA’s preemption authority is not absolute. The federal law allows states to maintain and enforce laws that prohibit or limit the use of a specific ingredient in a cosmetic product. This “ingredient-level” carve-out means that California’s bans are not preempted by MoCRA. Therefore, companies must comply with both the federal framework and California’s specific ingredient prohibitions.