U.S. States Outpace Federal And Global Standards On Cosmetic Chemical Restrictions

States continue to enact legislation regulating the use of PFAS and other chemicals in cosmetics. In many cases, state laws impose prohibitions that exceed the prohibitions of federal and global regulations. Civil penalties can reach $5,000 to $25,000 per violation per day and enforcement authority is frequently assigned to state environmental agencies, rather than to traditional public health and consumer protection regulators. As state chemical restrictions continue to expand, cosmetics manufacturers, distributors, and retailers should evaluate product formulations, monitor emerging state legislation, and prepare for disclosure and compliance documentation requirements in response to agency requests.

State Laws Target PFAS and Other Chemicals in Cosmetics

Thirteen states have enacted legislation that regulates the use of PFAS and other chemicals in cosmetics. Notable states include California, Connecticut, Vermont, and Washington. These laws generally include some combination of the following requirements:

• Prohibition on the manufacture, distribution, or sale of cosmetic products containing "intentionally added" PFAS or other specified chemicals;

• Labeling disclosures for "intentionally added" PFAS;

• Disclosure to state agencies when products contain PFAS or other regulated chemicals; or

• Upon agency request, certification submissions from manufacturers demonstrating that their products do not contain prohibited substances.

Collectively, these provisions place increased compliance obligations on manufacturers, distributors, and retailers across the cosmetics supply chain.

States Are Moving Faster Than Federal and Global Frameworks

Since Congress enacted the Modernization of Cosmetics Regulations Act, states have moved quickly to pass environmental requirements that exceed federal and global regulatory standards. For example, although the European Union maintains a comprehensive regulatory framework governing chemicals in cosmetics, it has not adopted class-wide bans on PFAS, ortho-phthalates, toluene, triclosan, or triclocarban in cosmetics. In contrast, multiple states have passed laws banning these chemical classes. These substances are common in consumer products like lipsticks, hair sprays, and nail polishes.

Environmental Agencies Lead Enforcement

Many of these statutes designate state environmental agencies, rather than traditional public health or consumer protection agencies, as the primary regulators responsible for compliance and enforcement. This approach reflects a broader policy trend towards viewing cosmetics chemicals through the lens of environmental and chemical management law, rather than product safety regulation.

Penalties for Non-Compliance

Civil penalties under these laws can be significant. Depending on the state, violations may carry civil penalties ranging from approximately $5,000 to $25,000 per day or per violation, in addition to potential injunctive relief or product removal requirements.

What This Means for Cosmetics Companies

The growing patchwork of state restrictions creates complexities for cosmetics manufacturers, distributors, and retailers. Companies should consider:

• Evaluating the potential legal concerns arising from state restrictions;

• Assessing product formulations for PFAS and other restricted chemicals;

• Monitoring emerging state legislation and rulemaking;

• Investigating risks to supply chain;

• Identifying jurisdictions where compliance obligations apply; and

• Developing internal compliance documentation to support certifications requested by regulators.

Conclusion

State regulation of chemicals in cosmetics continues to expand rapidly. Notably, beginning July 1, 2026, Connecticut law will require manufacturers to (1) provide advance notice to the state environmental agency when a cosmetics product containing intentionally added PFAS is manufactured, sold, offered for sale, or distributed in the state, and (2) label such products, subject to limited exceptions.

Baker Botts closely monitors these developments.

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