Read the full article by John Gardella (National Law Review)

“On February 18, 2022, a bill was introduced in California that would ban the sale in California of any cosmetics and personal care products that contain any type of PFAS. Concurrently, a similar bill is making its way through the Washington state legislative process, which would also ban the sale of any cosmetics that contain any PFAS whatsoever. The proposed PFAS ban for cosmetics in California and Washington are just the latest in the broad-sweeping PFAS-containing products ban bills that are increasing across the country. It is critical for companies anywhere in the manufacturing or supply chain for cosmetics to immediately assess the impact of the proposed PFAS ban for cosmetics on corporate practices, and make decisions regarding continued use of PFAS in products, as opposed to substituting for other substances.  At the same time, companies impacted by the PFAS legislation must be aware that the bills poses risks to the companies involvement in PFAS litigation in both the short and long term.

California’s Proposed PFAS Ban For Cosmetics

Assembly Bill 2771 was introduced in California on February 18, 2022. The substance of the bill is short: ‘No person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS).’

…The proposed PFAS ban for cosmetics is noteworthy because, if passed, it would be the first state to ban all PFAS from personal care products, unless the Washington bill discussed below is passed first. This is not the first time, though, that California has targeted PFAS in cosmetics in its legislative actions.”…