Regulatory Review: California and Dubai

October 1, 2008 | Contact Author | By: David C. Steinberg, Steinberg & Associates
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The Regulatory Review column published in Cosmetics & Toiletries magazine’s August 2008 issue reported on chemicals listed in California’s Safe Cosmetic Act as suspected to cause cancer or reproductive toxicity. Any cosmetic products containing chemicals that are on this list are required to be registered with the state.

As of this publication date, the California Department of Public Health (CDPH) has not yet issued to manufacturers the electronic forms required to notify the state of these products; however, the department did release some information about which companies must report, including any company that meets the following conditions:

1. Sells at least US $1 million in cosmetics anywhere;
2. Has included in its products an ingredient that is listed in the CDPH list of chemicals known or suspected to cause cancer, birth defects, or reproductive harm;
3. Sells a product the meets the definition of a cosmetic as defined by the US Food and Drug Administration (FDA): “Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap.” [FD&C Act, sec. 201(i)]; and
4. Has sold the product in California on or since Jan. 1, 2007.