Subject: PFAS

New York’s Beauty Justice Act: Sweeping Changes Proposed for Cosmetics and Personal Care Products

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New York lawmakers are advancing the Beauty Justice Act, one of the most comprehensive state-level efforts in the country to regulate cosmetics and personal care products. For in-house counsel at cosmetics and personal care companies, the bill is worth tracking now because it could affect product formulation, supplier oversight, labeling, and litigation risk well before any compliance deadline. The bill responds to growing concerns over consumer exposure to chemicals linked to cancer, hormone disruption, reproductive harm, allergies, and other health risks. Supporters argue that current federal law, including the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), does not go far enough. Framed as both a public health and environmental justice measure, the legislation aims to protect consumers in vulnerable communities disproportionately exposed to these products.

  1. Background

    The Beauty Justice Act remains pending before the New York Legislature; if enacted, its core product restrictions would apply beginning January 1, 2029. The bill would prohibit cosmetics and personal care products sold in New York from containing intentionally added chemicals on the bill’s restricted substances list. It would also require companies to evaluate whether ingredients listed as “fragrance,” “flavor,” “colorant,” or other functional classifications contain restricted chemicals, comply with contaminant thresholds such as lead limits, and monitor Department of Environmental Conservation (DEC) rulemaking that may add substances to the restricted list over time. The bill targets numerous chemicals that have already faced scrutiny in other jurisdictions and regulatory frameworks, including per- and polyfluoroalkyl substances (PFAS), parabens, phthalates, certain dyes, and preservatives.

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PFAS in Cosmetics Continue to Draw Attention as Litigation and Legislation Efforts Mount

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In June 2021, we published Cosmetics Companies: Beware of PFAS, highlighting the recently introduced No PFAS In Cosmetics Act and recommending that cosmetics and personal-care product companies examine their products and supply chains to determine if, when, and where PFAS may affect their businesses. As anticipated, PFAS in cosmetics has continued to draw attention, with the filing of at least two lawsuits and the anticipated enactment of PFAS legislation in several states.

The No PFAS In Cosmetics Act, which seeks to ban the use of intentionally added per- or polyfluoroalkyl substances (“PFAS”) in cosmetics, was introduced in the House on June 17, 2021. The bill has been assigned to the House Energy and Commerce Subcommittee on Health, but no hearing has been scheduled. Ultimately, the bill will require the Department of Health and Human Services to issue and finalize a rule banning the use of intentionally added PFAS in cosmetics. In the meantime, on February 2, 2022, over 30 senators sent a letter to President Biden requesting funding for Fiscal Year 2023 for PFAS research, regulatory efforts, and testing.

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Cosmetics Companies: Beware of PFAS

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It’s no secret that the regulatory landscape of cosmetics and personal care products as we know it is changing. Over the last few years, Congress, along with industry and consumer groups, have made a combined effort to push for heightened regulation of these products. The latest effort, introduced in Congress on June 15, 2021, seeks to ban the addition of per- and polyfluoroalkyl substances (generally known as “PFAS”) in cosmetics and personal care products.

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