The California Safe Cosmetics Act will face a concurrence vote in the state Senate as soon as the week of Sept. 5, after passing the Assembly by a vote of 41-34 on Aug. 31.

If the legislation survives the concurrence vote, it will then go to Gov. Arnold Schwarzenegger (R). The bill (SB 484) cleared the Senate in May by a vote of 23-15, and must again receive a majority vote for final passage.

The Cosmetic, Toiletry and Fragrance Association, which vigorously opposes the legislation, said in a statement the group was "very disappointed" by the Assembly vote. CTFA noted it will now focus on lobbying the governor to veto the bill.

"Cosmetics and personal care products are completely safe and regulated for safety and SB 484 deserves to be vetoed," the association asserted.

Regardless of whether the bill is signed into law, industry "will continue to use the best science to ensure that cosmetics are among the safest products used by American consumers," CTFA said.

SB 484 was introduced by Sen. Carol Migden (D-3rd) in February and was amended to include language referring to cosmetics in late March (¹ Also see "California Dreaming? Dems Re-Introduce Legislation To Regulate Cosmetics" - HBW Insight, 4 April, 2005., p. 3).

The bill requires manufacturers of cosmetics subject to FDA regulation and sold in California to report to the Department of Health Services use of any chemical known to the state as causing cancer or reproductive toxicity. SB 484 authorizes DHS to investigate cosmetics formulated with such chemicals and requires manufacturers to submit relevant health effects data, studies and additional information as requested.

The legislation recently was amended to exempt any manufacturer with aggregate annual sales of cosmetic products less than $1 mil.

Additionally, SB 484 mandates DHS determine whether certain cosmetics have been adequately substantiated for safety, and if the product has been adequately substantiated for safety, 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.

Calif. Cosmetics Bill Appears Headed To Governor’s Desk

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