AUGUSTA, Maine — Maine could join a small group of states that ban certain chemicals in cosmetics under a Democratic lawmaker’s bill.
The “Safe Cosmetics Act” from Rep. Sophie Warren, D-Scarborough, came out in 2023 before getting carried over to this year, and Warren told the Legislature’s environment committee Thursday she has narrowed down the list of restricted chemicals from 11 categories to four.
That helped gain industry support and align Maine with laws in Oregon, California, Washington and Maryland banning the same chemicals in cosmetic products. More than a dozen additional states, such as Vermont and Wisconsin, restrict chemicals in cosmetics, but not with the same list as the four states Maine is seeking to follow.
The proposal to limit chemicals in cosmetics dovetails with Maine’s first-in-the-nation law to require companies to report PFAS, or toxic “forever chemicals,” contained in their products. An initial list of nearly 1,000 products sold in Maine containing PFAS was made public this week, with cosmetics mentioned with shampoo, dog treat packaging, school supplies and other items.
The narrowed list of chemicals in Warren’s bill include an array of heavy metals, formaldehyde and other chemicals that are found in cosmetics above a “practical quantification limit” defined as the lowest concentration at which they can be reliably measured.
Warren noted past studies finding cosmetics with chemicals such as lead have been found to cause neurological damage, particularly in women and children, and formaldehyde in hair dyes and straighteners has been associated with higher cancer risk. The European Union and 40-plus countries have banned chemicals still allowed in U.S. cosmetics, Warren added.
“The goal here is simple: to protect consumers from the potential harmful effects of certain chemicals commonly used in cosmetic products,” Warren said last year.
Warren also amended her bill to not take effect until 2027, which drew appreciation Thursday from the Personal Care Products Council, which represents 600 cosmetics companies.
But the industry group along with the Maine Department of Environmental Protection and several lawmakers requested additional clarifications to the bill and its definitions to make sure it does not conflict with laws in other states, along with federal cosmetics regulations President Joe Biden approved in 2022.
Maine could mimic California and Maryland by listing indexing codes next to the name of the prohibited chemicals, suggested Andrew Hackman, a Maine-based lobbyist for the Personal Care Products Council.
“That gives greater specificity across the supply chain,” Hackman said.
Warren’s bill will come back to the Environment and Natural Resources Committee for potential changes and additional debate next week during a Tuesday work session.
