‘California’s A Problem,’ But Prop 65 Preemption For Cosmetics Could Be Out Of Reach

California is the poster child for regulation in excess of federal requirements, but the biggest challenges it poses to cosmetics companies will be difficult – if not impossible – to resolve via “national uniformity” provisions in legislation before Congress.

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Cosmetics reform proposals before Congress all touch on preemption of state laws – given the increasingly complex patchwork of cosmetic requirements across the US – but achieving meaningful “national uniformity” of the scope sought by industry is a decidedly tall order.

Which is not to say that cosmetics industry champions aren’t giving it their best go.

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