BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2106|
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CONSENT
Bill No: AB 2106
Author: Hayashi (D)
Amended: 5/23/08 in Assembly
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 6-0, 6/16/08
AYES: Simitian, Runner, Aanestad, Florez, Kuehl, Lowenthal
NO VOTE RECORDED: Corbett
ASSEMBLY FLOOR : 77-0, 5/28/08 - See last page for vote
SUBJECT : Cosmetic safety
SOURCE : Personal Care Products Council
DIGEST : This bill prohibits a person from manufacturing,
selling, or distributing in commerce any cosmetic that
contains any of nine specified ingredients.
ANALYSIS :
Existing Law
1.Under the Sherman Food, Drug, and Cosmetic Act which
regulates the packaging, labeling, and advertising of
food, drugs, and cosmetics:
A. Prohibits a person from manufacturing, selling,
delivering, holding, offering for sale, or receiving
in commerce any cosmetic that is adulterated, as
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defined.
B. Prohibits a person from manufacturing or selling
any cosmetic that is misbranded, as prescribed.
C. Defines a cosmetic as adulterated if it bears or
contains any poisonous or deleterious substance that
may render it injurious to users under the conditions
of use prescribed in the labeling or advertisement of
the cosmetic, or under conditions of use as are
customary or usual.
D. Authorizes the Department of Public Health (DPH)
to place embargos on adulterated products, impose
administrative, civil and criminal penalties, as
specified.
2.Establishes the Safe Cosmetic Act of 2005 which requires
the manufacturer of any cosmetic product subject to
regulation by the U.S. Food and Drug Administration (FDA)
sold in this state, commending January 1, 2007, to
disclose to DPH chemical ingredients in their products
that cause cancer or reproductive harm, as specified.
3.Requires the Governor, under Proposition 65 to revise and
publish a list of chemicals that have been scientifically
proven to cause cancer or reproductive toxicity each
year.
4.Prohibits any person in the course of doing business in
California from knowingly exposing an individual to a
chemical known to the state to cause cancer or
reproductive toxicity without first giving clear and
reasonable warning.
This bill prohibits the manufacture, sale, or distribution
in commerce of any cosmetic that contains any of the
following substances:
1.4-Methoxy-m-Phenylenediamine
2.4-Methoxy-m-Phenylenediamine Hydrochloride
3.4-Methoxy-m-Phenylenediamine Sulfate
4.Chloroacetamide
5.Ethoxyethanol
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6.Ethoxyethanol Acetate
7.HC Blue No. 1
8.p-Hydroxyanisole
9.Pyrocatechol, when used as an ingredient in leave-on
cosmetics
What are these Substances ? The substances listed in the
bill at one time were used in cosmetics such as hair dyes.
However, most are no longer in commerce or used in
cosmetics. For example, the first two used to be prevalent
in coal tar hair dyes and if used require a warning level
from the federal government that they have been shown to
cause cancer in animals. The third also used to be used in
hair dyes but was shown to cause cancer in animals in the
mid-seventies and phased out. The nine substances have
been declared to the "unsafe or use in cosmetics" by the
cosmetic Ingredient Review Panel.
NOTE: Please refer to the Senate Environmental Quality
Committee for
further background information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/18/08)
Personal Care Products Council (source)
American College of Obstetricians and Gynecologist
California Grocers Association
OPI Products, Inc.
ARGUMENTS IN SUPPORT : According to the sponsor, the
Personal Care Products Council, this bill is needed because
most, but not all, manufacturers have agreed to never use
"unsafe" ingredients in cosmetic products. The author's
office states that the bill will level the playing field in
California.
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De Leon,
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DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng,
Evans, Feuer, Fuentes, Fuller, Gaines, Galgiani, Garcia,
Garrick, Hancock, Hayashi, Hernandez, Horton, Houston,
Huff, Huffman, Jeffries, Jones, Karnette, Keene,
Krekorian, La Malfa, Laird, Leno, Levine, Lieber, Lieu,
Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello,
Nunez, Parra, Plescia, Portantino, Price, Sharon Runner,
Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Spitzer,
Strickland, Swanson, Torrico, Tran, Villines, Walters,
Wolk, Bass
NO VOTE RECORDED: De La Torre, Furutani, Soto
TSM:cm 6/17/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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