California cemented its status as the nation’s leader of cosmetics legislation when it passed the Cosmetic, Fragrance and Flavor Ingredient Right to Know Act of 2020 (“CFFIRKA”). Effective January 1, 2022, California’s newest cosmetic reporting law requires cosmetic companies to publicly disclose all fragrance and flavor ingredients in their products that are found on one of 22 “designated lists”. CFFIRKA supplements the state’s Safe Cosmetics Act (SCA), which for more than a decade has required companies to report to the California Department of Public Health (CDPH) Safe Cosmetics Program whether any of their cosmetic products contain chemicals known or suspected to cause cancer or reproductive toxicity. Now, the reporting requirements extend to fragrances and flavor ingredients that may pose health hazards.
Many cosmetic products contain fragrances or ingredients that give products flavor. In enacting CFFIRKA – a first-of-its-kind consumer “right-to-know law”, the state was concerned that some fragrance and flavor ingredients may have negative health effects, especially to those who are frequently exposed, such as salon workers. Thus, the new law is intended to provide the public with knowledge about the use of such fragrances and flavor ingredients in both retail and professional-use cosmetics, so consumers and workers can determine whether and how to mitigate their exposure.
Each entity whose name appears on the label of a cosmetic product must comply with CFFIRKA, which means companies such as distributors and importers may also have reporting obligations. CFFIRKA requires disclosure if a cosmetic product sold in California contains fragrance and/or flavor ingredients included on one or more of the 22 designated lists identified in California Health and Safety Code Section 111792.6. Among others, the lists include those chemicals on California’s Proposition 65 list as well as chemicals classified by other federal and state agencies and international bodies. The ingredients on the 22 designated lists are subject to change as each list is revised, requiring companies to pay special attention to such changes. All cosmetic products with reportable ingredients sold in California after January 1, 2022, regardless of date of manufacture, must be reported under this mandate. However, there is no requirement under CFFIRKA to make changes to product labels.
Additionally, cosmetic companies must disclose specific “fragrance allergens” if the allergens are present at or above 0.01 percent (100 parts per million) in rinse-off cosmetic products, or at or above 0.001 percent (10 parts per million) in leave-on cosmetics products. The subset of CFFIRKA reportable ingredients called “fragrance allergens” have distinct reporting requirements, and must be reported regardless of their intended purpose in the product (i.e. they must be reported even if they are not used to impart scent or counteract odor). In addition to disclosing the reportable fragrance, flavor, or allergen ingredients, businesses must also disclose each ingredient’s Chemical Abstracts Services (CAS) number, the Universal Product Code (UPC) of the cosmetic product that includes the ingredient, and whether the cosmetic product is intended for professional or retail cosmetic use.
Information reported by companies under CFFIRKA (as well as under the SCA) is made publicly available through the CDPH’s Safe Cosmetics Database, which is available at https://cscpsearch.cdph.ca.gov/search/publicsearch. To date, more than 90,000 cosmetic products have been reported to the CDPH.
Conkle Kremer & Engel attorneys stay current on regulatory and legal developments that affect the cosmetics business.