An act to amend the environmental conservation law, in relation to prohibiting cosmetic products and personal care products that contain mercury

New York Governor Hochul signed a bill into law prohibiting the use of mercury and several mercury-containing compounds in cosmetics and personal care products on December 23, 2022. The bill, which has been introduced in the Senate as bill number 8291A and in the Assembly as bill number 8630A, would amend Environmental Conservation Law section 37-0117 to prohibit the use of mercury in cosmetics and personal care items, as is already the case with 1,4-dioxane. For the purposes of this ban, "mercury" refers to elemental Hg, mercuric iodide, mercury oxide, mercurous chloride, ethyl mercury, phenyl mercuric salts, ammoniated mercury, amide chloride of mercury, mercury sulphide or cinnabaris, and mercury iodide.

The terms "cosmetic product" and "personal care product" retain their current meanings as defined in subsection 37-0117. Any item that can be rubbed, sprinkled, sprayed, introduced into, or otherwise applied to the human body or any part thereof to enhance, improve, or change the appearance is considered a "cosmetic product," as is any item that is intended to be used as a component of any such item. Hair shampoo, hair conditioner, soap, bath gels, and other bath products are all examples of "personal care products," along with anything else used to clean or purify the body.

Mercury is more prevalent in skin lightening and "anti-aging" products, such as those that claim to get rid of blemishes, freckles, age spots, and wrinkles, as stated in a consumer update published by the US Food and Drug Administration (FDA).

In the event of an illegally marketed product, the mercury content may not be disclosed on the label.

Since 1973, the FDA has outlawed the use of mercury as a skin-lightening agent in cosmetics, and levels of mercury above 1 ppm are not allowed in most other cosmetics.

Products containing mercury in their formulation or packaging will be prohibited from sale or distribution in the state as of June 1, 2023.

Measures that are suggested for taking to Investigate whether or not any of the banned substances are present in the products your company sells in New York. Any time a product contains a banned chemical, it should start looking for a suitable replacement ingredient.

This act shall take effect June 1, 2023