California’s Toxic Free Cosmetics Act And The Case For Iconclad Federal Preemption

Limited to no federal preemption is included in cosmetics bills under consideration in the 116th Congress, which means that even if one were to pass in its current form, companies could still be at the mercy of states, typically California, imposing unique bans or restrictions on cosmetic ingredients.

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The draft Toxic Free Cosmetics Act, introduced by NGOs by way of California Assembly Democrats, is exactly the type of state bill that has industry stakeholders seeking robust preemption language in federal reform legislation.

It also highlights the inadequacy of preemption terms in leading federal legislative proposals to date.

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