California passes Cosmetic Fragrance and Flavor Right to Know Act

Cosmetics makers will have to disclose fragrance and flavour ingredient information to California’s Environmental and Occupational Disease Control division from January 2022

Manufacturers of cosmetics distributed in California will soon have to disclose their products’ fragrance and flavour ingredient information to the Division of Environmental and Occupational Disease Control within the California State Department of Public Health.

California SB 312, also known as the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, was signed into law on 1 October by Governor Gavin Newsom.

Under California SB 312 manufacturers will need to provide the following:

• A list of each fragrance or flavour ingredient included on one of the designated lists defined in the Act that is found in the cosmetic product, along with the CAS number;

• A list of each fragrance allergen as per Annex III of the EU Cosmetics Regulation No 1223/2009 and subsequent updates, with the CAS number, when at or above the following concentrations:

1. Rinse-off cosmetics: 0.01% (100 ppm)

2. Leave-on cosmetics: 0.001% (10 ppm);

• If the product is intended for professional or retail cosmetic use;

• The UPC.

The Act comes into effect 1 January 2022.

To help protect trade secrets, the concentration of fragrance and flavour ingredients does not need to be disclosed.

Likewise, fragrance and flavour ingredients not included in one of the designated lists or in the EU fragrance allergen lists are not required to be disclosed.

North American industry organisation the Fragrance Creators Association, which engaged with stakeholders during the bill’s development, is supportive of the new regulation.

Farah K Ahmed, President & CEO of the association, commented: “As part of Fragrance Creators members’ commitment to responsible stewardship, we have long supported informing consumers of fragrance ingredients known to be potential sensitisers, so people with allergies can find products that work for them.

“The industry is committed to consumer education and acknowledges the efforts of the state of California through the passage of SB 312.

“This new law is intended to provide consumers with access to information about the fragranced personal care and beauty products they use and enjoy every day by requiring communication of specific fragrance ingredients.”

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