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Monday, October 17, 2022Regulation

California bans PFAS in cosmetics

La Californie interdit les PFAS dans les produits cosmétiques

On 29 September 2022, Governor Gavin Newsom signed the Assembly Bill 2771, which provides for the banning of per- and polyfluoroalkyl substances (PFAS) in cosmetic products in the State of California. This ban is applicable from 1 January 2025.

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The Assembly Bill 2771 prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances PFAS.

The text defines PFAS as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”
Their prohibition is based on the fact that they are “extremely resistant to degradation in the natural environment, including the water, the soil, the air, and our bodies, because of their carbon-fluorine bond, one of the strongest bonds known in nature.”
The text also recalls that these substances are linked to serious health problems, including cancers, hormone disruptions, kidney and liver damage, thyroid disease, developmental disorders and immune system disruption.

The law specifies that intentionally added PFAS meet one of the following options:
(1) PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product
(2) PFAS chemicals that are intentional breakdown products of an added chemical.

This law is applicable from 1 January 2025.
However, Governor Newsom did not support the proposed law requiring notification of consumer products containing PFAS to the State of California, in part …

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