Many cosmetics companies are familiar with the need to comply with California Proposition 65 regulations for their products, but are you aware of the the over-arching and new regulations that apply to cosmetics sold in California?

The California Safe Cosmetics Act of 2005 (CSCA) requires manufacturers, packers, and/or distributors of cosmetic products to report to the California Department of Public Health (CDPH) all products sold in California, which contain ingredients known or suspected to cause cancer, birth defects, or other reproductive harm (as well as certain environmental toxins). This  is established based on numerous “designated lists” published by various authorities. For some chemicals, any presence of the chemical (like 1,4-dioxane) triggers reporting requirements. These can be submitted to the CDPH via its online portal.

Small businesses with less than $1 million of annual aggregate sales of cosmetic products are exempt from this reporting requirement.

More recently, the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020 (CFFIRKA) requires (as of Jan. 1, 2022) companies to report products to the CDPH that contain fragrance ingredients and flavor ingredients that are intentionally added and are on a designated list (including Proposition 65).

These include:

  • A list of each intentionally added fragrance ingredient or flavor ingredient (including the CAS number) on a designated list
    • No minimum threshold for concentration in a product
  • A list of each intentionally added fragrance allergen included in Annex III of the EU Cosmetics Regulation No. 1223/2009, when present at:
    • 0.01% (100 ppm) in rinse-off cosmetic products
    • 0.001% (10 ppm) in leave-on cosmetic products

The CDPH maintains a “CSCP Reportable Ingredients List” (Excel), which is a consolidated list (updated twice per year) that includes fragrance ingredients, flavor ingredients, and fragrance allergens included on any of the designated lists referenced in the Act.

If you have questions about cosmetic regulation in California, or the US in general, do not hesitate to reach out!

Author: Tom Jonaitis, DABT (Principal)