The California Department of Public Health (DPH) recently launched an online reporting system to implement the California Safe Cosmetics Act – better known as “SB 484”.
The new law requires cosmetic manufacturers (and/or distributors or packers whose name appears on the label) to report to the DPH if any of their products sold in California contain a chemical ingredient suspected of causing cancer or reproductive toxicity. Such ingredients must be reported even if used at very low levels and even if a determination has been made by government agencies or scientific panels that the ingredient is safe as used in the cosmetic product.
The reporting must be done online, using DPH’s electronic reporting system. Failure to report as required could lead to civil penalties, criminal fines, or even jail. Companies can sign on and create their login name and password at https://www.safecosmeticsact.org/SafeCosmetics/Login.aspx.
The reporting deadline announced by DPH was October 14, 2009. During an October meeting with the beauty industry, the Department noted that it may be prepared to be flexible with respect to the deadline – provided that companies are demonstrating a good faith effort to comply with the law (i.e. have created accounts to log onto the online reporting system). Companies are strongly encouraged to consult with their own legal counsel in determining how best to comply with the requirements of SB 484.
PBA has prepared a detailed memorandum on the SB 484 reporting deadline. This memorandum is available to PBA members only by contacting Sam Leyvas, director of government affairs at 800.468.2274 x3437.