Commencing August 1, 2023, Minnesota, a state in the United States, will enforce strict controls on the presence of lead and cadmium in cosmetics. Additionally, starting January 1, 2025, the intentional use of Perfluoroalkyl and polyfluoroalkyl substances (PFAS) will be banned in cosmetics sold within the state.

On May 24, 2023, the governor of Minnesota signed H.F.No. 2310 bill, which covers environment, natural resources, climate and energy finance and policy. The bill includes a comprehensive ban on PFAS, as well as restrictions on lead and cadmium in certain consumer products.

Relevant stakeholders shall pay close attention to this bill and make necessary adjustments to their production and supply chain strategies in accordance with the regulations and requirements set forth.

Below are the key details:

1. PFAS Ban

• Effective January 1, 2025, the sale, offering for sale, and distribution of certain products with intentionally added PFAS will be prohibited in Minnesota. These products include carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture.
• Between January 1, 2025, and January 1, 2032, the Minnesota Pollution Control Agency (PCA) will further restrict products that intentionally added with PFAS, particularly those posing a higher potential for contamination or harm to the state's environment and/or natural resources.
• Starting January 1, 2032, the sale of any product containing intentionally added PFAS will be prohibited in Minnesota, unless the authority confirms that the use of PFAS in the product is unavoidable at the stage.

Notably, the 11 product categories banned from sale since January 1, 2025, cannot be considered as products where the use of PFAS is unavoidable at the present stage. In the future, the authority will identify specific products and product categories for which the use of PFAS is deemed unavoidable.

The law also mandates product manufacturers to disclose the presence of PFAS. Manufacturers or distributors of products sold, offered for sale, and/or distributed in Minnesota that contain intentionally added PFAS are required to provide the following information to the authority by January 1, 2026:

1. A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
2. The purpose for which PFAS are used in the product, including in any product components;
3. The amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
4. The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
5. Any additional information requested by the commissioner.

Failure to provide the required information will result in the prohibition of selling, offering for sale, and distributing such products in Minnesota.

2. Restrictions on Lead and Cadmium

Furthermore, the law establishes limits on lead and cadmium in specific consumer products. Effective from August 1, 2023, it is prohibited to import, manufacture, sell, possess, distribute, or offer for sale any of the following products in Minnesota if they contain lead or cadmium levels exceeding the specified limits:

It is essential to highlight that in cases where federal law takes precedence, the specified limits in the state regulation may not apply to the mentioned products containing lead or cadmium. For instance, the FDA has provided industry guidance, which shall prevail, suggesting that cosmetic lip products and externally applied cosmetics should comply with a maximum allowable level of 10 ppm for lead impurities.

Reference Links

[1] Minnesota Session Laws - 2023, Regular Session

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