Senate Bill 484 was passed by the assembly with the necessary votes on 31 August, having already been approved by the Senate at the end of June this year. The final hurdle is Governor Schwarzenegger, who is not believed to have any specific objections to the Bill.
The Bill has been authored and petitioned by Senator Carole Migden and co-sponsored by consumer lobby groups Breast Cancer Action, the Breast Cancer Fund and the National Environment Trusts. It requires manufacturers to disclose ingredients that are known by the state to cause cancer or birth defects.
Likewise, the ruling will also give the California Health Services greater powers to investigate the health risk posed by ingredients families such as parabens, which are largely banned by EU regulations, but not in the United States. In turn any findings will have to be made public.
Currently the United States FDA has no authorization to review cosmetic ingredients for their safety before they come to the market, nor does it have the authority to insist on the recall of hazardous products.
"Today, history was made for all of the right reasons. Our coalition was able to achieve this victory in spite of unprecedented lobbying by giants of industry," Migden said. "SB 484 represents a triumph of grass roots efforts and the quest for environmental and public health over money and power. Even in the face of a multi-nationally funded lobbying machine, common sense and the public good prevailed."
However, in response, the industry has maintained all along that where such ingredients are used in cosmetics ingredients, the levels are so low that the risk to public health is thought to be negligible. Likewise, industry has also pointed out that a great deal of voluntary withdrawal of many ingredients has already taken place.
According to Senator Migden over 20 Californian cosmetics manufacturers supported SB 484 and more than 150 companies have signed the Compact for Safe Cosmetics - a pledge to replace potentially hazardous ingredients with safer ones.
Once passed the bill is likely to have implications for the industry, not just on a state level, but on a national level. California is the most populous US state, making it crucial market for all manufacturers.
It is also a leader in consumer legislation, with the State Senate often passing laws that are then adopted on a national level. But many industry experts believe that because of the size of the Californian market many of the necessary changes implemented by the bigger players will automatically be implemented on a national level as it will be more financially viable.