Over the past few months, there has been considerable focus on MoCRA compliance, and the deadline for completing product listings on the FDA Cosmetic Direct portal has recently passed.
However, brand owners should also be aware of additional State-specific requirements before marketing their cosmetics in the US.
In particular, California has some of the most stringent regulations on cosmetic products in the United States and is currently the only State enforcing local reporting requirements for cosmetics. Two laws establish these requirements:
- the California Safe Cosmetics Act (CSCA) of 2005
- the Cosmetic Fragrance and Flavour Ingredient Right to Know Act (CFFIRKA) of 2020.
These laws aim to enhance transparency about potentially hazardous ingredients in cosmetic products allowing users to make informed choices.
The California Safe Cosmetics Act (CSCA) of 2005
The California Safe Cosmetics Act (CSCA), effective since 1 January 2007, mandates that cosmetics manufacturers, packers or distributors report to the California Department of Public Health (CDPH) all products sold in the State containing ingredients known or suspected to cause cancer, congenital disabilities, or other reproductive harm
The Cosmetic Fragrance and Flavour Ingredient Right to Know Act (CFFIRKA) of 2020
Effective since 1 January 2022, Senate Bill 312, known as the Cosmetic Fragrance and Flavour Ingredient Right to Know Act (CFFIRKA), requires that cosmetic products are reported to the CDPH if they contain specific fragrance and flavour ingredients.
Key reporting requirements under CSCA and CFFIRKA
- Both CSCA and CFFIRKA require continuous reporting for new products and product reformulations.
- The obligation to report products falls on the Responsible Person, i.e. the manufacturer, packer or distributor identified on the product label.
- Information shall be submitted electronically through the California Safe Cosmetics Reporting Portal.
- Companies are not required to disclose full product formulations, only the ingredients included in one of the 23 Authoritative Lists collected within the CSCP Reportable Ingredients List.
- Fragrance allergens must be reported depending on their concentration in the finished product, even if they are not used for their scent or deodorizing properties. The thresholds are different for rinse-off and leave-on products:
- rinse-off products: 0.01%
- leave-on products: 0.001%
- The CSCP Reportable Ingredients List is updated biannually, giving companies six months to comply with any changes.
We can now assist brand owners in meeting Californian requirements by handling the reporting process on their behalf! Contact us today to discover our US services dedicated to manufacturers, brand owners, and producers of cosmetic products.
Chiara Lai
Regulatory Intelligence and Innovation Department
20.08.2024
References
California Department of Public Health (2024) Compliance Information for Cosmetics Companies and Frequently Asked Questions. Retrieved on 05/08/2024.
California Department of Public Health (2024) About the California Safe Cosmetics Program. Retrieved on 05/08/2024.
California Department of Public Health (2024) Information for Cosmetics Companies. Retrieved on 05/08/2024.
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