Lee was elected in 2020 and is the author of AB 2491. As a Democrat, she represents California’s 24th Congressional District, which includes Fremont, Newark, Sanol, Milpitas, and San Jose, California.
Commercially available skin care products and cosmetics containing vitamin A and its derivatives such as retinoids and retinol, and alpha hydroxy acids such as glycolic acid, ascorbic acid, and citric acid are prohibited under AB 2491.
The bill passed the Environmental Safety and Toxic Substances Committee last month and was scheduled to be transferred to the Appropriations Committee on May 8, 2024.
Brands such as Dove are leading campaigns to raise awareness about children using retinol products and push back against children using anti-aging products.
Retinol, ascorbic acid, and glycolic acid are used to improve collagen production and increase cell turnover to reduce fine lines and wrinkles, but they can also cause peeling, dryness, and other irritations. .
Groups representing retailers oppose AB 2491, even though it acknowledges that it “does not support children using anti-aging products.”
AB 2491 Guidelines
The bill would require companies to take “reasonable” steps to prevent people under 13 from purchasing anti-aging products, according to Lee’s website. The recommended “reasonable” steps are:
- Require buyers to enter their date of birth or verify their age before making a purchase.
- Require buyers to verify age with a valid ID, including photo and date of birth.
- Place a prominent notice next to the product in stores and online stating that the product is not intended for persons under 13 years of age.
- Prevent buyers from using prepaid credit cards for online purchases.
Personal Care Products Council Statement
Despite calling the bill “well-intentioned,” the Personal Care Products Council (PCPC) opposes AB 2491. PCPC issued the following statement:
“While Assembly Bill 2491, introduced by Rep. Alex Lee, is a well-intentioned effort to protect preteens, it falls short of addressing the real problem and instead makes compliance and enforcement nearly impossible. The bill proposes restrictions on the sale of a wide range of cosmetics and personal care products, including basic necessities such as sunscreen, moisturizers, and cleansers, to ensure they are safe and healthy. There is a risk of over-regulation of essential skin care products.
See the full statement here.
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