Overview
The Modernization of Cosmetics Regulation Act (MoCRA), enacted in December 2022, has strengthened federal oversight of cosmetics. However, it does not regulate cosmetic ingredients, allowing states like Washington and California to lead in addressing ingredient safety and environmental concerns.
Washington: Safer Products for Washington
Safer Products Program
- Objective: Reduce the use of toxic chemicals in consumer products, including cosmetics.
- Process: A systematic four-phase, five-year cycle.
Current Phases
- Phase 1: Identification of chemicals of concern based on toxicity and potential exposure risks.
- Phase 2: Ongoing identification of consumer products containing priority chemicals.
Key Updates
- Draft Identification of Priority Products Report: Published on November 1, 2024, open for public comment until December 31, 2024. Final report expected by June 1, 2025.
- Significant Chemicals:
- Cyclic volatile methylsiloxanes (cVMS): Common in cosmetics for emollient properties.
- BTEX Chemicals: Found in nail products.
Interim Policy on Lead in Cosmetics
- Effective Date: January 1, 2025.
- Options for Manufacturers:
- Option 1: Lead concentration limits of 2 ppm for general cosmetics and 5 ppm for color cosmetics/clay masks.
- Option 2: For lead concentrations between 5 ppm and 10 ppm, manufacturers must:
- Notify the Department of Ecology.
- Monitor lead concentration in each batch.
- Maintain documentation of lead levels.
- Support for Small Businesses: Alternative methods for compliance are permitted, provided they show good-faith efforts to monitor and reduce lead levels.
California: Methyl Methacrylate in Nail Products
Safer Consumer Products Program
- Priority Product Definition: Products containing chemicals that pose risks to health or the environment.
Recent Developments
- Methyl Methacrylate (MMA): On November 1, 2024, California began rulemaking to include nail products containing MMA in the priority product list.
- Notification to WTO: Ensures international stakeholders are informed about this regulation.
References
Department of Toxic Substances Control. (2024). Priority Product Work Plan. Retrieved on 10 December 2024.
Department of Toxic Substances Control. (2024). Priority Products. Retrieved on 10 December 2024.
Department of Toxic Substances Control. (2024). Proposed Priority Product: Nail Products Containing Methyl Methacrylate. Retrieved on 10 December 2024.
Washington State Department of Ecology. (2024). Draft Identification of Priority Products Report to the Legislature: Safer Products for Washington Cycle 2 Implementation Phase 2. Retrieved on 10 December 2024.
Washington State Department of Ecology. (2024). Legislative Session 2025 Focus on: Toxic-Free Cosmetics Act. Retrieved on 23 December 2024.
Washington State Department of Ecology. (2024). Policy Statement: Interim Policy on Lead in Cosmetics. Retrieved on 19 December 2024.
Washington State Department of Ecology. (2024). Safer Products for Washington. Retrieved on 10 December 2024.
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