Saturday, February 4, 2023

Personal Care Product Ban Amended

A California Chamber of Commerce-opposed bill that would have banned California sales of many personal care products has been amended to reduce its negative impact, thanks to strong opposition from the business community.

Before the August 28 amendments, SB 1249 (Galgiani; D-Stockton) jeopardized hundreds of thousands of California manufacturing, distribution and retail jobs by effectively banning for sale any personal care product whose ingredient was tested on animals on or after January 1, 2020 anywhere in the world, by anyone, at any time, and for any purpose.

The coalition of SB 1249 opponents, including the CalChamber, had argued that many cosmetic products contain active ingredients that are required by state, federal and international law to be animal tested for purposes of demonstrating human health and safety. SB 1249 as originally proposed would have created a severe handicap for U.S. cosmetic companies that have no control over animal testing done on shared ingredients for purposes unrelated to cosmetics.

The SB 1249 ban would have applied to a variety of products, including: sunscreen, lip balm with sunscreen, anti-cavity toothpaste, mouthwash, anti-dandruff shampoo, acne products, soap, antiperspirant, deodorant, cosmetics, hair color, nail products, under eye cream, moisturizer, body cream, body cleansers, face wash.

The original intent of the bill was to align California with current European Union (EU) regulations banning animal testing on cosmetic products or ingredients, which would have effectively made California the leading state with the toughest animal testing ban in the country.

As previously drafted, however, SB 1249 forced retailers to pull any personal care product, not just cosmetics, off the shelves if even one ingredient is tested on animals anywhere in the world, by any other industry, at any time, for any reason.

Opposition Removed

CalChamber removed its opposition to the bill because the August 28 amendments balance the industry’s shared desire to make animal testing obsolete globally with the reality that there are still legal requirements in place that require animal testing in limited circumstances to demonstrate human health and safety. SB 1249 as amended holds personal care product manufacturers accountable for ensuring animal testing is not performed by their direct suppliers and protects the 415,000 California jobs in the personal care products industry.

CalChamber now has no position on the bill. The bill passed the Assembly and Senate on August 31 and now awaits action by the Governor.

Staff Contact: Adam Regele

Adam Regele
Adam Regele
Adam Regele joined the CalChamber in April 2018 as a policy advocate specializing in environmental policy, housing and land use, and product regulation issues. He was named a senior policy advocate in April 2021 in recognition of his efforts on behalf of members. Regele came to CalChamber after practicing law at Oakland-based Meyers, Nave, Riback, Silver & Wilson, PLC, where he advised private and public clients on complex projects involving land use and environmental laws and regulations at the local, state and federal levels. Before entering private practice, Regele served as a federal judicial law clerk to the Honorable Edward J. Davila of the U.S. District Court, Northern District of California. Regele earned a B.S. in environmental science at the University of California, Berkeley, and a J.D. from UC Hastings College of Law, where he was symposium editor and research and development editor for the Hastings West-Northwest Journal.

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