New York bills SB 2057A and AB 2054A propose unprecedented restrictions on trace substances in cosmetics and personal care products—standards that exceed those for food, water, supplements, and drugs. These measures threaten consumer access, stifle innovation and ignore global regulation, including those established by the European Union.  

What Are Trace Substances?

Trace substances refer to very low amounts of impurities and/or contaminants in a finished product. Trace elements are natural ingredients mined or harvested from the earth and can be present in clays, minerals and botanicals.

Regulation of Trace Substances

The U.S. Food and Drug Administration has established science-based limits for certain trace substances, including elements, such as heavy metals in color additives and cosmetics.

Impact on New Yorkers

The proposed bills would have a devastating impact on the state’s cosmetics and personal care industry and small business owners while providing no meaningful health benefit to New Yorkers. If enacted as drafted, the bills would:

• Force essential personal care products off the market, leaving consumers with fewer options.
• Disproportionately impact the industry’s small businesses and entrepreneurs.
• Disregard scientific assessments and put New York out of step with global and U.S. regulatory frameworks.

Industry Commitment

Safety is essential. The U.S. cosmetic and personal care products industry will continue to work with New York state legislators to consider amendments to harmonize the bills with recently enacted laws, moving a step closer to global regulatory alignment.