New Consumer Product Laws for 2020 You Need to Know About
By Bao M. Vu, of Counsel, Stoel Rives LLP.
Nationwide, states have and are in the process of implementing new laws and regulations that affect the makeup and disclosures required on a variety of consumer products. Below is an update on some new laws and regulations that might affect you.
California’s Ban on Animal Testing in Cosmetics: California’s SB1249 became operative January 1, 2020. It generally bans the sale of any cosmetics in California that were developed or manufactured using an animal test that was conducted before January 1, 2020. It includes numerous exceptions, including where animal testing is required to satisfy requirements of a federal, state, or foreign regulatory authority. There are numerous requirements to this and other exceptions under the law, and more information about the new law can be found here (https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1249) or by contacting the author below.
Utah’s Down Sterilization Law: At the end of 2019, Utah’s Administrative Code Rule R70-101 became effective, and it requires very specific labels for down bedding and furniture. Among other requirements under the law, labels for these types of products need to now include statements such as “CONTENTS STERILIZED” and the Sterilization Permit Number of the sterilization facility from which the material was obtained. These and numerous other statements must meet specific size and placement requirements. More information about this law, its requirements, and its exceptions can be found here (https://rules.utah.gov/publicat/code/r070/r070-101.htm) or by contacting the author below.
Washington State Passes Chemical Content Law: Washington State’s SB5135 has the goal of reducing human and wildlife exposure to toxic chemicals in consumer products. That law, called the “Pollution Prevention for Our Future Act,” requires the state’s Department of Ecology (“DOE”) to take on consumer products containing high-concern chemicals, identifying as priorities substances such as PFASs, phthalates, flame retardants, phenolic compounds, and PCBs. It will probably be a few years before the DOE’s regulations under this new law take effect. More information about this law and its potential ramifications can be found here (http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/Senate/5135-S.SL.pdf?q=20200210142234) or by contacting the author below.
About the Author: Bao M. Vu is California-based attorney with the law firm Stoel Rives LLP. He regularly advises clients on compliance with complex consumer protection and environmental statutes and regulations. More information about his practice can be found here. He routinely provides free consultations to RVCF members, and he can be reached at email@example.com or 415-500-6572.