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Section: Regulations

While some (if not many) of these allegations may be unfounded or misguided, it underscores the critical role of safety and toxicity testing even under non-typical product use conditions.

Unilever, J&J, Olaplex and L'Oreal Still Treading Legal Waters Over Lilial, Benzene

Olaplex, Redken, OGX, Dove, Nexxus, Suave, Tigi and Tresemmé brands are still making headlines as they tread legal waters over alleged Lilial and benzene content. Following are recent updates.

The company maintains it received an exemption from the animal testing requirement. The plaintiffs claim no records of such have been located.

John Paul Mitchell Hit with Suit Alleging False 'No Animal Testing' Claim

John Paul Mitchell Systems is facing a class action suit alleging its "no animal testing" promise was broken to meet regulatory requirements in China to gain access to the market.

The chemicals include some borate compounds, lily aldehyde, cyclotetrasiloxane, trichloroacetic acid, styrene and certain colors (see full list below).

[update] 26 More Chemicals That Could Get Your Products Banned in California

Assembly Bill 496, introduced on Feb. 7, 2023, proposes the addition of 26 chemicals to the state of California's existing Toxic-free Cosmetics Act. If passed, the bill would ban cosmetics containing them from being sold in the state.

These examples clearly call into question what it means to consumers when they see the 'reef friendly' claim on a label.

'Reef Friendly' Claims Put Hain Celestial, Hawaiian Tropic in the Hot Seat

While Edgewell's Hawaiian Tropic sunscreen was dismissed from the alleged deceptive claim of "reef friendly," Hain Celestial's Alba Botanica is still in the hot seat. How are reef safe claims being interpreted?

PFAS are used in cosmetic products to condition and smooth the skin, or to adjust product consistency and texture. They may also be unintentionally added and present as impurities.

Five European Nations, ECHA Propose PFAS Bans/Restrictions

Five European nations submitted a proposal in January to the European Chemicals Agency (ECHA) to restrict and/or ban PFAS. The agency released details of the proposal on Feb. 7, 2023, and announced next steps.

A letter from the FDA to Valisure, dated Dec. 5, 2022, highlighted 'methodological deficiencies' and 'analytic descrepancies' in the company's testing.

FDA, Unilever and GSK Challenge Valisure's Benzene Findings, Test Methods

The FDA recently raised concerns over the test methods of Valisure, the Connecticut-based lab whose reports over benzene in sunscreen and dry shampoo products from Unilever, GSK and others have prompted recalls and class action suits.

A 2019 petition to the House of Commons stated, 'We, the undersigned residents of Canada, draw the attention of the House of Commons ... [that] animal testing is unnecessary to prove the safety of cosmetic products.'

After 8+ Years, is Canada Ready to Ban Animal Testing for Cosmetics?

Health Canada confirmed plans are in the works to implement an animal testing ban for cosmetics, according to The Globe and Mail.

'We have not found adequate evidence to determine how much CBD can be consumed, and for how long, before causing harm.'

U.S. FDA, Congress to Write CBD its Own Rules for Food, Supplements

After careful review, the U.S. Food and Drug Administration (FDA) has concluded that a regulatory pathway specific to CBD, rather than CBD foods and supplements, is needed to balance CBD product demand with the potential risks.

Germany, Denmark, the Netherlands, Norway and Sweden have submitted a proposal to restrict per- and polyfluoroalkyl substances (PFAS) under REACH. The ECHA will publish the detailed proposal, reportedly one of the broadest in the EU’s history, on Feb. 7, 2023.

ECHA Adds to Hazardous Chemicals List, Reviews PFAS and Classification Proposals

The ECHA has added one cosmetic-related ingredient to the "hazardous" list, and received a five-nation proposal to restrict PFAS and three intentions/proposals to harmonize classification of cosmetic-related substances. See which ones are named.

A grand gesture may be necessary to convince nay-sayers of the industry's commitment to consumer safety — regardless of ethnic heritage.

Color of Change to Retailers: Remove 'Toxic' Hair Products and 'Anti-Blackness'

Color of Change is calling on consumers to petition Target, ShopRite and other retailers to remove "toxic" lye relaxers and hair dyes that disproportionately affect Black consumers from shelves. This comes as the industry is making inclusivity inroads.

A cosmetic can contain, 'no more than a trace amount of mercury and such trace amount [must be] unavoidable under conditions of good manufacturing practice, and less than 1 part per million (0.0001 percent), calculated as the metal,' per the Code of Federal Regulations.

Mercury-contaminated Cosmetics Make Headlines, Raise Consumer Alert

Per Google Trends, the search phrase "cosmetics with mercury" is up by 350%. Recent headlines have certainly kept it top of mind for consumers, as they should for quality control.

If you have registered under the Voluntary Cosmetic Registration Program (VCRP), you may be covered for the initial registration. However, cosmetic product registrations must be updated annually. New products must be registered within 120 days of introduction into interstate commerce.

7 Implications of the Modernization Act for Cosmetics

President Biden signed HR 2617 into law. What does this mean for cosmetic manufacturers? "A lot," according to Steinberg & Associates. The 1,653-page bill includes 14 pages on cosmetics. Read on to learn more.

The carcinogenicity hazard of titanium dioxide is linked solely to certain respirable titanium dioxide particles, when they are present in a certain form, physical state, size and quantity.

European Union Annuls Carcinogenic Titanium Dioxide Label

The carcinogenicity hazard of titanium dioxide is linked solely to certain respirable titanium dioxide particles, when they are present in a certain form, physical state, size and quantity.

The U.S. Hemp Roundtable said the FDA’s comments signal 'the new year may offer some promise for the long-awaited regulation of hemp-derived extracts such as CBD.'

FDA to Explore CBD, Hemp Regulations for Food and Supplements

The U.S. Food and Drug Administration (FDA) is exploring whether legal cannabis is safe in food or supplements and expects to make recommendations in the coming months for regulating such products. Could this translate to cosmetics?

The long-awaited legislation advances product safety and innovation for the science-driven beauty and personal care industry and reinforces consumer confidence, according to the PCPC.

U.S. House/Senate, President Biden Pass 2023 Consolidation Act; PCPC Applauds Cosmetic Inclusion

The long-awaited legislation will advance product safety and innovation for the science-driven beauty and personal care industry and reinforce consumer confidence, according to the Personal Care Products Council (PCPC).

Avon was acquired by Natura Cosmetics SA in 2020 and that year, the company removed talc from its products marketed in the United States — at a time it was defending nearly 130 talc lawsuits.

Avon Takes a $40 M Hit in Talc/Cancer Suit

The plaintiff, 76-year-old Rita Chapman of Scottsdale, Arizona, alleged that the use of Avon's talc-containing products tainted with asbestos caused her mesothelioma.

This will make New York the 10th state to prohibit the sale of cosmetics tested on animals.

New York Cruelty Free Cosmetics Act Signed into Law

The legislation will go into effect as of Jan. 1, 2023, and will end the sale of cosmetics tested on animals in New York State, WBNG reports.

The guidelines include how consumers are likely to interpret particular claims and how marketers can substantiate these claims to avoid deceiving consumers.

Avoid Deceptive Eco Claims by Helping FTC Shape the Green Guides

The commission is seeking public comment to update the guidelines. This move is based on increasing consumer interest in buying environmentally friendly products.

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