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On December 9, 2019, New York State Governor Andrew Cuomo signed S.4389-B/A.6295-A, limiting the use of 1,4-Dioxane in Consumer Products. New limits will take effect on cosmetic products as of 2022, alongside personal care and household products.

SAFEGUARDS | Cosmetics, Personal Care and HouseholdNO. 182/19

 SG 18219 Skin Cream

New York State Governor Andrew Cuomo signed into law a bill restricting the use of 1,4-Dioxane in many household consumer goods, including cosmetics, personal care and household cleaning products.

Cosmetics will retain their familiar definition, consistent with the FDA, as any article (a) intended to be rubbed, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying,  promoting attractiveness, or altering the appearance, and (b) intended for use as a component of any such article.  However, Personal Care products will be defined under the new law to include any product intended for cleaning or cleansing any part of the body, such as the skin and hair, and including but not limited to, hair shampoo, hair conditioner, soap, bath gels and other bath products. This does not include any articles for which a prescription is required for distribution.

Household cleansing products will maintain their definition in New York under § 35-0103 of the Environmental Conservation Law to include any product, including but not limited to, soaps and detergents containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limited to, the cleansing of fabrics, dishes, food utensils and household and commercial premises. Disinfectant products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act are not included in this scope.

Product Type
 Limits Effective in Year:
 January 1, 2022  January 1, 2023
Cosmetics   10 ppm  10 ppm
Personal Products  2 ppm  1 ppm
Household Cleaning Products  2 ppm  ≤ 1 ppm

1,4-Dioxane is a common by-product present as a result of the manufacture of surfactants, specifically ethoxylated surfactants and remains a topic of discussion in the United States. This substance is listed as a chemical known to the state to cause cancer as part of the California Proposition 65 list of chemicals. Additionally, the California Division of Toxic Substances Control (DTSC) recently identified 1,4-dioxane as a candidate chemical that may warrant further research. If selected as a priority chemical, manufacturers would need alert the division of its presence in products, regardless of level, and submit an alternatives analysis with their intentions surrounding the chemical and its use in the product. Conversely, the EPA released a draft risk assessment in June 2019 claiming the measures already administered by the Clean Air Act, the Safe Drinking Water Act, the Clean Water Act, and the Resource Conservation and Recovery Act, adequately assess and effectively manage risks from 1,4-dioxane and that it does not present an unreasonable risk to the general population nor the environment.

References

[1] New York governor signs 1,4-dioxane bill into law
[2] 1,4-Dioxane in Personal Care and Cleaning Products
[3] EPA Risk Evaluation for 1,4-Dioxane

It is crucial for all cosmetic, personal care and household products to be safe effective and stable. SGS provides testing, inspection, auditing and consulting services to manufacturers, distributors and importers to ensure a high level of product quality in every area. Our state-of-the-art laboratories offer custom-made solutions for chemical, biophysical, microbiological, stability and biological aspects. We also have extensive capabilities in performance testing, claim support studies and consumer panels. Our testing is conducted according to customer specific or recognized standard methods, some of which were developed by SGS. Our cosmetic safety assessors and other technical experts can support customers by making sure new products comply with regulatory requirements. 

For enquiries, please contact:

Joseph Scognamiglio 
Technical Manager
T: 1-973-461-7937

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