Manufacturers of cosmetics subject to FDA regulation and sold in California would be required to report to the Department of Health Services any ingredient containing a chemical known to the state as causing cancer or reproductive toxicity under legislation pending in the state senate.

The California Safe Cosmetics Act of 2005 (SB 484), was introduced by Sen. Carol Migden (D-3rd) in February, and was amended to include language pertaining to cosmetics March 29.

The bill, which would be effective Jan. 1, 2007, authorizes DHS to investigate cosmetics formulated with chemicals identified as causing cancer or reproductive toxicity, and requires manufacturers of such products to submit relevant health effects data, studies and additional information as requested.

Additionally, the bill mandates that the department determine whether certain cosmetics have been adequately substantiated for safety, and if so, establish whether the product contains any ingredient that is not safe for the specific use indicated on the product's label.

According to SB 484, if the product has been adequately substantiated for safety by DHS, but contains an ingredient found to be unsafe by the Cosmetic Ingredient Review Expert Panel, the department would refer its findings to the state Attorney General and FDA for possible enforcement action.

FDA recently announced it would consider taking compliance action against cosmetic manufacturers whose products are formulated with ingredients that have been found to be unsafe by CIR, but are not labeled with an appropriate warning statement (¹ [A#02260080002], p. 3).

Migden unveiled the language at a press conference at the California State Capitol on March 30 alongside Assembly Member Judy Chu (D-49th), who introduced a bill seeking to prohibit the use of certain phthalates in cosmetics.

The Phthalates Free Cosmetics Act (AB 908) would ban the manufacture and sale of cosmetics and personal care products formulated with di-butyl phthalate and di-(2-ethylhexyl) phthalate in California.

Chu has authored a number of bills over the past several years which sought to regulate cosmetic ingredients.

Last year, she introduced legislation similar to SB 484 which would have banned all known carcinogens and reproductive toxins in cosmetics; the bill ran into opposition from Health Committee Chair Rebecca Cohn (D-24th) and was shelved (² Also see "California Health Groups To Sustain Push For Phthalates Ban In Cosmetics" - HBW Insight, 26 April, 2004., p. 5). Chu later introduced pared down language that addressed only phthalates (AB 2012), but the bill also failed.

The strategy of separating the phthalates ban from more general cosmetic legislation may improve the bills' chances of passage this year, however, according to Chu.

SB 484 and AB 908 "will make up a package of bills carried by the powerful appropriation chairs of both houses of the legislature that aims to ensure the safety of cosmetics and personal care products manufactured and sold in California," she said in a press release.

AB 908 was introduced Feb. 18 as a bill addressing hazardous materials law before being amended to include the phthalate language. The measure was referred to the Assembly Committee on Health, and will likely be addressed in mid-April, according to Chu staffers.

The two bills are certain to face vigorous opposition from the cosmetic industry, which has successfully helped derail similar bills in the past.

While Chu's office acknowledges it is facing an "uphill battle," the legislator is hopeful that AB 908 might stand a better chance than its predecessors due to increasing public scrutiny of phthalates and consumer awareness of the substances.

The California Office of Environmental Health Hazard Assessment announced plans last month to list four phthalates, including DBP, under Proposition 65 as chemicals known to the state to cause cancer or reproductive toxicity (³ [A#02260110007], p. 7). Butyl benzyl phthalate, di-n-hexyl phthalate and di-isodecyl phthalate also will be listed.

Chu staffers further point out that the new chairwoman of the Assembly Committee on Health, Wilma Chan (D-16th), has been sympathetic to environmental issues. Chan introduced AB 319 earlier this year seeking to regulate the use of phthalates in toys.

California Dreaming? Dems Re-Introduce Legislation To Regulate Cosmetics

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