Bill Text: CA AB2491 | 2023-2024 | Regular Session | Amended
Bill Title: Cosmetic products: safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2491 Detail]
Download: California-2023-AB2491-Amended.html
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Amended
IN
Assembly
April 25, 2024 |
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Amended
IN
Assembly
April 18, 2024 |
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Amended
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Assembly
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2491
| Introduced by Assembly Member Lee |
February 13, 2024 |
An act to add Section 108983 to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2491, as amended, Lee.
Cosmetic products: safety.
Existing law establishes the State Department of Public Health and vests it with various duties, including administration of the Consumer Product Safety Program. Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offer for sale in commerce of any cosmetic product that contains specified intentionally added ingredients.
This bill would, commencing January 1, 2025, prohibit the sale or delivery to a person under 13 years of age of an over-the-counter skin care product or cosmetic product advertised to address skin aging that contains vitamin A or its derivatives or an alpha hydroxy acid, and would require an entity that conducts business in California to take specified
any of several specified actions to ensure that the purchaser of an above-described product is not under 13 years of age. The bill would authorize specified prosecutorial agencies, including the Attorney General, a district attorney, or a city attorney, to bring a civil action against a person or entity that violates this prohibition.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 108983 is added to the Health and Safety Code, to read:108983.
(a) Commencing January 1, 2025, no person or entity shall sell to a person under 13 years of age an over-the-counter skin care product or cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.
(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.
(b) (1) A person or business that conducts business in California shall
take reasonable steps a reasonable step to ensure that the purchaser of a product described in subdivision (a) is not under 13 years of age.
(2) Reasonable steps include, but are A reasonable step includes, but is not limited to, all any of the following:
(A) Placing a prominent
notice next to the physical product or in the product’s online description that states that the product is not meant for anyone under 13 years of age.
(B) Requiring the purchaser to provide a date of birth or otherwise confirm their age before purchasing.
(C) Requiring the purchaser to use a nonprepaid credit card for an online purchase.
(D) Requiring the purchaser to verify their age by means of a valid form of identification that includes a photograph of the purchaser and their date of birth.
(c) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each
violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.
(E) The deterrent effect that
the imposition of the penalty would have on both the violator and the regulated community as a whole.
(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.
(d) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.
(e) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.
(f) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other
law.
(2) The remedies provided in this section are cumulative with any other remedies available under any other law.
