The US state of Minnesota will completely ban the sale of cosmetics containing PFAS and limit the content of heavy metals (lead and cadmium) in products!
The Act sets limits on the amount of lead and cadmium in products (including cosmetics) intentionally containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) and in certain products (including cosmetics).
On May 24, 2023, the Governor of Minnesota signed H. F. No. 2310 (Minnesota Session Laws-2023, Chapter 60) into law.
The Act prohibits the intentional addition of perfluoroalkyl and polyfluoroalkyl substances. The limits of lead and cadmium in PFAS products (including cosmetics) and in certain products (including cosmetics) are specified.
Relevant enterprises should pay attention to and attach importance to this Act, and adjust production and supply chain strategies according to the provisions and requirements of the Act.
Ban on perfluoroalkyl and polyfluoroalkyl substances (PFAS)
Implementation stage
Specific requirements
a: No sale
As of January 1, 2025, 11 categories of products with the intentional addition of PFAS, including cosmetics, are prohibited from being sold in the state.
Between January 1, 2025 and January 1, 2032, Minnesota's Pollution Control Agency (PCA) will further restrict products that intentionally add PFAS, especially those that are most likely to cause pollution of the environment and natural resources.
b: Submit relevant materials
On or before January 1, 2026, manufacturers of products with the intention of adding PFAS must submit the following required information to the PCA:
Product description: Includes Universal Product code (UPC), Inventory Management Unit (SKU), or other numeric code assigned to the product
Purpose of addition: The purpose of adding PFAS is included in any product component
Concentration: The concentration of each PFAS (by CAS number) in the product (the exact concentration needs to be given for the use of commercial analytical methods, or falls within the range of concentrations approved by the Commissioner for reporting)
Manufacturer: name and address of the manufacturer, and name, address, and telephone number of the manufacturer's contact person
Additional information: Any additional information requested by PCA (a fee may apply)
Note: If the PCA has reasonable grounds to suspect that a PFAS was intentionally added to a product sold in the state, they may require the manufacturer to provide relevant information, such as a certificate proving that the PFAS was not intentionally added, relevant test results for the PFAS, and other supporting evidence, which the manufacturer must provide within 30 days. Otherwise, the product will be banned from sale in the state
c: Total ban on sales
As of January 1, 2032, products with the intentional addition of PFAS will be prohibited from sale in Minnesota unless PCA determines that the use of PFAS in that product is currently unavoidable (the 11 product categories prohibited from sale as of January 1, 2025 cannot be defined as products where the use of PFAS is currently unavoidable).
Subsequently, the PCA will identify specific products or product categories for which the use of PFAS is currently unavoidable.
Consultation
400-115-9001