distributors to appropriately label products that are marketed for nail salons but are not authorized or adequate for certain uses under California law or regulations. Example: “Warning: This product does not meet BBC standards (for disinfectant, for example).”
✓ Ensure appropriate and timely enforcement and implementation of the California Safe Cosmetics Act of 2005.
The cosmetics industry uses more than 10,000 chemicals in its products, from nail treatment to skin lotion to lipstick. Approximately 89% of these ingredients have not been evaluated for safety by the U.S. Food and Drug Administration, industry’s Cosmetics Ingredients Review (CIR) panel, or any other publicly accountable institution. 40, 41
The first law of its kind, the California Safe Cosmetics Act of 2005 requires manufacturers to disclose to the state any ingredient known to cause cancer or reproductive harm, including ingredients that are in fragrance, an ingredient category that is exempted from federal labeling law. Also, the law authorizes (but does not require) the California Department of Public Health (DPH) to investigate any of the products reported by cosmetic manufacturers that contain chemicals known to cause cancer or reproductive toxicity. If DPH investigates and finds that one or more ingredients in a cosmetic product pose a hazard to workers, it must submit its findings to Cal/OSHA.
The law does not mandate that the state’s Attorney General impose any disciplinary action when a cosmetic manufacturer has submitted unsubstantiated safety information on a cosmetic product.
Adequate and reliable funding is needed for the
Safe Cosmetics Program to carry out its duties as outlined in the law. Funds are needed for verification of the information submitted by the cosmetics manufacturers, for product testing, and for enforcement of the law.
Ensure proper implementation and expansion of the Safe Cosmetics Act through the development of a sustainable funding source.
Amend the Act so that it is mandatory that DPH investigate whether reported products containing chemicals that cause cancer or reproductive harm pose hazards to workers.
Authorize the Attorney General to impose penalties on cosmetic manufacturers that report a product is safe despite containing an ingredient that the CIR has found is not safe for the use specified on the product’s label.
Request that the Legislature prepare a yearly status report on the efficacy of the program.
Require cosmetic manufacturers to provide information on health studies and the concentrations of toxic chemicals in each product reported to DPH.
✓ Ensure that the needs of the nail services community are addressed in the state’s Green Chemistry Initiative.
California currently has little authority to restrict the use of hazardous or untested chemicals in consumer products. Of the more than 85,000 chemicals in commerce, only a small percentage of them has ever been screened for even one negative health effect, such as cancer, reproductive toxicity, developmental toxicity, or endocrine disruption. There is also very little information
OVEREXPOSED & UNDERINFORMED