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California Cosmetic Regulations: CSCP, Proposition 65 & the Toxic-Free Cosmetics Act
California enforces some of the strictest cosmetic regulations in the United States — going well beyond federal FDA requirements. If you sell cosmetics in California, you must comply with three overlapping regulatory frameworks: the California Safe Cosmetics Program (CSCP), Proposition 65, and the Toxic-Free Cosmetics Act. Non-compliance can result in mandatory product warnings, civil penalties, and removal from the California market.
Cosmereg provides expert compliance services for all three frameworks, helping cosmetic brands enter and stay in the California market with confidence.
- CSCP ingredient reporting and monitoring
- Proposition 65 screening and warning label guidance
- Toxic-Free Cosmetics Act ingredient audits
- Over 10 years experience
What Are California’s Cosmetic Regulations?
California has enacted multiple laws that regulate cosmetic products sold within the state. Together, these laws create a layered compliance framework that affects ingredient disclosure, labeling, and formulation. The three primary regulations cosmetic companies must understand are: The California Safe Cosmetics Act of 2005 (CSCA), administered through the California Safe Cosmetics Program (CSCP), requires manufacturers to report products containing ingredients known or suspected to cause cancer or reproductive harm. This was expanded in 2022 by the Cosmetic Fragrance and Flavor Ingredient Right to Know Act (CFFRIKA), which added fragrance allergens and flavor ingredients to reporting obligations. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn consumers about significant exposure to chemicals that cause cancer, birth defects, or reproductive harm. For cosmetics, this means products containing listed chemicals above established safe harbor levels must carry a clear warning label. The Toxic-Free Cosmetics Act (AB 2762), which took effect on January 1, 2025, outright bans 24 specified ingredients from cosmetics sold in California — including certain PFAS compounds, formaldehyde, mercury, and specific parabens. An amendment (AB 496) signed in October 2023 adds 26 more banned substances, taking effect January 1, 2027. These regulations apply to any cosmetic product sold in California, regardless of where it is manufactured.
California Safe Cosmetics Program (CSCP) — Reporting Requirements
The CSCP is administered by the California Department of Public Health (CDPH) and is the primary mechanism for tracking hazardous ingredients in cosmetics sold in the state.
1. Who Must Report to the CSCP?
You are required to report if all three of the following apply: your company generates $1 million or more in annual worldwide cosmetic sales, your company name appears on the product label, and the product contains any ingredient on the CSCP Reportable Ingredients List. Small businesses earning less than $1 million annually in aggregate cosmetic sales are exempt from CSCP reporting.
2. What Must Be Reported?
The CSCP Reportable Ingredients List is a consolidated list maintained by CDPH that includes three categories of hazardous ingredients: CMR substances (carcinogenic, mutagenic, or reprotoxic) such as unbound titanium dioxide particles or undecolorized aloe vera; fragrance and flavor ingredients appearing on designated authority lists (added under CFFRIKA in 2022); and fragrance allergens listed in Annex III of the EU Cosmetics Regulation when present above specified concentration thresholds (0.01% in rinse-off products and 0.001% in leave-on products). The Reportable Ingredients List is updated twice a year. Manufacturers must review each update and submit or revise their disclosures within six months of publication.
3. How to Report?
All reporting is done electronically through the California Safe Cosmetics Program online portal. Cosmereg can handle the entire reporting process on your behalf, from ingredient screening to portal submission and ongoing monitoring.
Our CSCP Compliance Services
Cosmereg offers end-to-end CSCP compliance support including formulation review against the current Reportable Ingredients List, identification of flagged ingredients and concentration thresholds, electronic filing through the CSCP portal, and continuous monitoring of list updates with proactive notifications when your products may be affected.
Proposition 65 Compliance for Cosmetics Requirements
Proposition 65 is one of the most well-known consumer protection laws in the United States. It requires any business with 10 or more employees to provide a clear and reasonable warning before knowingly exposing anyone to a listed chemical.
1. How Prop 65 Applies to Cosmetics?
The Proposition 65 chemical list, maintained by the California Office of Environmental Health Hazard Assessment (OEHHA), currently contains over 900 chemicals. Cosmetic products containing any of these chemicals above established safe harbor levels — defined as No Significant Risk Levels (NSRLs) for carcinogens and Maximum Allowable Dose Levels (MADLs) for reproductive toxicants — must display a compliant warning label. Common Proposition 65 chemicals found in cosmetics include lead (in certain pigments), diethanolamine (DEA), titanium dioxide, formaldehyde and formaldehyde releasers, and certain fragrance compounds.
2. Consequences of Non-Compliance
Proposition 65 is unique because it allows private citizens and organizations to file lawsuits against businesses that fail to provide adequate warnings. Penalties can reach up to $2,500 per day per violation, and companies can face additional costs in legal fees and settlements. Thousands of enforcement actions are filed each year.
Our Proposition 65 Compliance Services
Cosmereg provides comprehensive Proposition 65 support for cosmetics including ingredient and impurity screening against the current Prop 65 list, coordination of independent laboratory testing to determine actual chemical concentrations, comparison of detected levels against published safe harbor thresholds, guidance on compliant warning label language, placement, and formatting, risk assessment reports, and ongoing monitoring of OEHHA list updates.
Toxic-Free Cosmetics Act — Banned Ingredients in California
The Toxic-Free Cosmetics Act represents a shift from disclosure-based regulation to outright ingredient bans. Unlike the CSCP (which requires reporting) and Prop 65 (which requires warnings), this law prohibits the sale of cosmetics containing specified ingredients.
1. Phase 1 — AB 2762 (Effective January 1, 2025)
The original Toxic-Free Cosmetics Act (AB 2762), signed into law in 2020, bans cosmetics containing any of 24 intentionally added ingredients. These include 13 specific PFAS compounds (plus all PFAS under AB 2771), formaldehyde and its derivatives (paraformaldehyde, methylene glycol), mercury, certain parabens (isobutylparaben, isopropylparaben), and several other substances already banned by the European Union. California became the first U.S. state to implement a statewide cosmetic ingredient ban with this legislation.
2. Phase 2 — AB 496 (Effective January 1, 2027)
Signed by Governor Newsom in October 2023, AB 496 adds 26 more banned substances including lilial (butylphenyl methylpropional), cyclotetrasiloxane, boric acid and borates, vinyl acetate, trichloroacetic acid, styrene, and several color additives. Companies selling in California must begin reformulation planning now to meet the 2027 deadline.
3. Exceptions
The ban applies only to intentionally added ingredients. Trace amounts that are technically unavoidable and not intentionally added may be permitted, but companies must be able to demonstrate this if challenged.
Our Toxic-Free Cosmetics Act Services
Cosmereg helps brands navigate both phases of the ban by conducting full formulation audits to identify any banned ingredients, providing reformulation guidance and alternative ingredient recommendations, maintaining compliance documentation for regulatory inspection, and tracking upcoming state-level cosmetic bans in other states that may follow California’s lead.
CARB Regulations for Cosmetics (California Air Resources Board)
In addition to the regulations above, the California Air Resources Board (CARB) limits the presence of volatile organic compounds (VOCs) in certain cosmetic categories to reduce air pollution. Products such as hairsprays, deodorants, and nail polish removers are subject to CARB VOC limits. Cosmereg can assess your formulations for CARB compliance and recommend adjustments where needed.
How Cosmereg Helps You Comply with California Cosmetic Regulations?
Navigating four overlapping regulatory frameworks — CSCP, Proposition 65, the Toxic-Free Cosmetics Act, and CARB — can be complex, particularly for international brands entering the U.S. market. Cosmereg simplifies this with a single compliance assessment that covers all California requirements.
Our services include: comprehensive ingredient compliance reviews across all California frameworks, Proposition 65 screening with testing coordination and warning label guidance, CSCP electronic reporting and ongoing list monitoring, Toxic-Free Cosmetics Act formulation audits with reformulation support, CARB VOC assessment for applicable product categories, and ongoing regulatory updates as California and other states evolve their cosmetic regulations.
We work with brands of all sizes — from independent beauty companies to established multinationals — to ensure their products meet California’s requirements before entering the market.
Frequently Asked Questions About California Cosmetic Regulations
Yes. California’s cosmetic regulations — including the CSCP, Proposition 65, and the Toxic-Free Cosmetics Act — apply to any cosmetic product sold or offered for sale in California, regardless of where it is manufactured. This includes products sold online to California consumers.
The CSCP requires manufacturers to report products containing hazardous ingredients to the California Department of Public Health. Proposition 65 requires businesses to provide warning labels on products containing chemicals above safe harbor levels. The CSCP is about disclosure to regulators; Proposition 65 is about disclosure to consumers.
As of January 1, 2025, 24 ingredients are banned under AB 2762, including certain PFAS, formaldehyde, mercury, and specific parabens. Beginning January 1, 2027, AB 496 adds 26 more banned substances including lilial, cyclotetrasiloxane, boric acid, vinyl acetate, and several colorants. Only intentionally added ingredients are covered — technically unavoidable trace contaminants may be exempt.
Safe harbor levels define the maximum exposure thresholds below which no Proposition 65 warning is required. They include No Significant Risk Levels (NSRLs) for carcinogens and Maximum Allowable Dose Levels (MADLs) for reproductive toxicants. If a cosmetic product contains a listed chemical below these thresholds, no warning label is needed.
Proposition 65 allows private citizens, advocacy groups, and attorneys to file enforcement actions against non-compliant businesses. Penalties can reach $2,500 per day per violation, plus legal fees. Thousands of enforcement notices are filed each year, many targeting cosmetic products.
The list is updated twice per year by the California Department of Public Health. Manufacturers must review each update and submit or revise their disclosures within six months of a new list being published.
No. The $1 million threshold refers to worldwide aggregate cosmetic sales, not California-specific revenue. If your global cosmetic sales exceed $1 million and you sell in California, you are subject to CSCP reporting requirements.
Yes. Cosmereg provides continuous monitoring across all California cosmetic regulatory frameworks, including CSCP list updates, Proposition 65 list changes, and new state-level ingredient bans. We proactively notify clients when changes may affect their products.
Ensure Your Cosmetics Comply with California Regulations
Whether you need CSCP reporting assistance, Proposition 65 screening, or a Toxic-Free Cosmetics Act audit, Cosmereg provides the expertise to keep your products compliant in California’s complex regulatory environment and FDA MoCRa regulations.
