California Dreamin’: New York Exploring Prop 65-Like Program For Hazardous Chemical Labeling

If industry needs further incentive to drive federal cosmetics legislation with robust preemption, New York could have just provided it. The Consumer Chemical Awareness Act, proposed by Governor Cuomo, does not include any mention of a private right of action, but it would pave the way for hazardous chemical labeling à la California's Prop 65 while imposing extensive reporting requirements on industry.

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Governor Andrew Cuomo wants to empower New Yorkers to make informed purchasing decisions by instituting hazardous chemical reporting and labeling requirements in the mold of contentious California programs.

The Consumer Chemical Awareness Act, introduced via the governor’s 2019-2020 Executive Budget, would require personal-care manufacturers to report to the Department of Health the ingredients used in their products – including fragrance constituents, nonfunctional byproducts and contaminants at

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