Washington State Could Outdo California With Toxic-Free Cosmetics Legislation
Under SB 5703, which passed the Senate on 14 February, Washington state would ban sales of cosmetic products containing PFAS, phthalates, formaldehyde and formaldehyde-releasing agents beginning in 2025. The proposal goes beyond California’s Toxic-Free Cosmetics Act enacted in 2020, which confined its blacklist to substances the EU has banned from use in cosmetics.
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AB 2771, introduced in February, would ban the manufacture or sale of cosmetic products containing PFAS beginning on 1 January 2025, and it does not specify intentionally added PFAS versus those present as contaminants.
Plaintiff Daniela Gruen says Burt’s Bees mascaras and lip shimmer are worthless or worth less than purchase price because the company failed to disclose that the products contain toxic and environmentally hazardous PFAS. She cites independent testing published last year by Mamavation in her complaint filed in California’s Northern District.
Personal-care and beauty products can do without fragrances that contain phthalates, says Washington Department of Ecology in a November Draft Regulatory Determinations Report to state lawmakers as per the Safer Products for Washington Act. Restriction specifics will be worked out in 2022 in consultation with stakeholders, Ecology says.