The bill (California AB 2491) would prohibit the sale of over-the-counter skin care products and cosmetics that are advertised to combat skin aging to children under the age of 13. If passed, the bill would ban the sale of products containing vitamin A and its derivatives such as retinoids and retinol, and alpha hydroxy acids such as glycolic acid, ascorbic acid and citric acid.
The author is Alex Lee, a member of Congress elected in 2020. A Democrat, he represents California’s 24th Congressional District, which includes Fremont, Newark, Sunol, Milpitas, and San Jose.
AB 2491 was scheduled to be transferred to the Appropriations Committee on May 8, 2024, after passing the Environmental Safety and Toxic Substances Committee late last month.
“Anti-aging products containing powerful active ingredients like retinol have become much more available in recent years,” Lee said in a statement released by his office. “They are readily available in retail stores and you can see videos of children as young as seven years old using anti-aging serums on social media. However, America’s multi-billion dollar beauty industry has not taken any meaningful action to address this problem, and companies are making it clear that children do not need to use it. Children don’t need anti-aging products, but AB 2491 could result in short-term or long-term consequences that would not otherwise have occurred. Protect children and teens from potential harm from using products that can lead to skin disorders.”
Hapi reported on the Sephora Kids phenomenon in February.
Formulators use retinol, glycolic acid, and ascorbic acid to improve the appearance of fine lines and wrinkles by promoting collagen production and increasing cell turnover. However, it can also cause irritation, dryness, and peeling.
You can watch Lee explain his bill on Instagram.
Groups representing retailers and manufacturers oppose AB 2491, but they acknowledge that it “does not support children using anti-aging products,” according to Rep. Lee’s office. That’s what it means.
Brands like Dove, The Ordinary, and Kiehl’s have pushed back against the notion that children should be using these products. So do dermatologists.
At a hearing in the California State House on April 23, 2024, 10-year-old Scarlett Goddard Strahan said she was being manipulated by TikTok and YouTube influencers. She started buying products advertised as anti-wrinkle and whitening, and after using them she experienced reactions such as burning and swelling.
“I stopped using these products a while ago and now use Nivea and sunscreen. However, I still have bumps on my cheeks that get itchy and irritated when I sweat or are in the sun. It causes redness,” Goddard Strahan said. “I’m embarrassed by the bumps on my face and people at school ask me why my cheeks are red. I feel really self-conscious. I wonder if my skin will always look like this or look like this?” I’m worried.”
Goddard Strahan added, “I really wish I had known how these products affected me, because if I had known, I never would have used them. Even though I bought it, I didn’t know that it could actually harm my skin. I was hoping for glowing skin, but my skin turned red and itchy.”
how it works
Under the bill, companies would be required to take “reasonable” steps to ensure that the purchasers of anti-aging products are not under the age of 13, according to information from Rep. Lee’s website. . Reasonable measures may include:
• Place a prominent notice next to the physical product or in the product’s online description stating that the product is not intended for persons under 13 years of age.
• Require buyers to enter their date of birth or verify their age before making a purchase.
• Requiring buyers to use non-prepaid credit cards for online purchases.
• Require buyers to verify age with a valid ID that includes the buyer’s photo and date of birth.
Statement by the Personal Care Products Council
The Personal Care Products Council (PCPC) opposed the bill in a statement on April 24, calling it “well-intentioned.”
The full text of PCPC’s statement is below.
“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 provides for safe and healthy skin care by proposing restrictions on the sale of a wide range of cosmetics and personal care products, including basic necessities such as sunscreens, moisturizers, and cleansers. There is a risk of over-regulation of essential products.
“Protecting preschoolers from the pressures of social media and the inappropriate use of cosmetics is extremely important to our member companies. This bill provides no such safeguards. This bill is a hastily drafted attempt to use legislative power to stop this trend. All ingredients covered by this bill are safe when used at the appropriate age and as directed. In addition to checking a product’s ingredients at every turn, it would require cashiers to check whether a product is advertised as anti-aging and also require customers to verify a customer’s age at checkout.
“We must collectively find real solutions that truly advance the well-being of preteens. In the meantime, we urge legislators to vote no on AB 2491.” PCPC concluded.
Happi will update this story on the progress of AB 2491 as needed.
