By Robert G. Edwards, Ph.D. of ArentFox Schiff LLP
Cosmetics and personal care products in which PFAS historically have been used include foundation; blush and highlighter; eyebrow products; eye makeup (mascara and other lash products, eyeshadow, eye cream); moisturizers, cleansers, and other creams and lotions; shampoo and hair conditioner; lipstick and lip balm; nail polish; sunscreen; shaving cream; and dental floss.
Intentionally added PFAS may appear on a product’s ingredient list, but not always. Some PFAS may be present in cosmetics unintentionally as the result of raw material impurities, contamination from processing equipment, carryover from processing aids, or the breakdown of other, intentionally added, PFAS ingredients.
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) requires the US Food and Drug Administration (FDA) to assess the safety of PFAS in cosmetics and publish its results by the end of 2025.
In the meantime, however, seven states have taken matters into their own hands, enacting laws that ban or restrict the use of PFAS — usually all PFAS but occasionally a few specific PFAS — in cosmetics and other personal care products.
In general, they ban the manufacture, sale, distribution for sale, or offering for sale of such products to which PFAS have been intentionally added to provide a specific characteristic or perform a specific function in that product.
If you liked this post, you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed daily with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Please do not take our word for it, try it free for an entire month. No obligation.
