Federal Microbead Ban May Not Be Final Word On Cosmetic Use

Latham & Watkins attorneys believe the limited scope and "interpretive ambiguities" of the US Microbead-Free Waters Act could leave room for state legislation targeting plastic microbead use in cosmetic products, notwithstanding the law's preemption component. The absence of a "plastic" definition under the federal ban also raises questions, which biopolymer suppliers are racing to address with receptive ears in Congress.