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Legislators in several states, including California, New York, Illinois, Minnesota, and Ohio, have recently introduced legislation to ban the use of “microplastics” in personal care products.  Such “microplastics” are tiny plastic microbeads, defined in the legislation as 5 millimeters or less in all dimensions.  They are typically found in personal care products such as hand and body soap, exfoliates, shampoos, toothpastes and face and body scrubs. They are included in products to improve performance, but have been the subject of intense scrutiny because of concern about their environmental impact, including contribution to water pollution. The microbeads are small enough to wash down the drain, but are not being caught by sewage treatment facilities.

On May 5, 2014, the New York State Assembly unanimously passed New York Assembly Bill A08744, the “Microbead-Free Waters Act,” which would prohibit the sale of personal cosmetic products that contain the tiny plastic particles. The bill is now before the New York State Senate; if passed into law, it would take effect January 1, 2016.

California Assembly Bill 1699, introduced February 13, 2014, would similarly prohibit the sale or offer for promotional purposes of any personal care products containing microplastics on or after January 1, 2018.   The so-called “Microplastic Nuisance Prevention Law” would impose civil penalties on violators of up to $2,500 per day for each violation in actions brought by the Attorney General or local officials, as well as permit injunctions to be imposed on violators.  The bill provides an exemption for products that contain less than 1 part per million (ppm) by weight of microplastic.  Like Proposition 65, businesses employing fewer than 10 employees are exempt from compliance.

Conkle, Kremer & Engel monitors the latest developments on legal and regulatory issues affecting the personal care products industry to provide expert guidance to its industry clients.