On May 30, 2024, Vermont Governor Phil Scott signed S.25 into law, marking a regulatory shift for cosmetics and personal care product manufacturers and suppliers doing business in the state. This legislation aims to regulate consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other potentially harmful chemicals, aligning with broader efforts to enhance public health and environmental protection.
Key provisions of the act
The S.25 Act mandates that manufacturers must ensure that by January 1, 2026, their cosmetic and personal care products are free from PFAS and other potentially harmful chemicals. Key requirements include:
- Disclosure & transparency: manufacturers must disclose the presence of PFAS and other hazardous chemicals in their products, providing consumers with essential safety information.
- Safety assessments: comprehensive safety assessments are required for all products to ensure they meet the new safety standards.
- Supply chain accountability: manufacturers are accountable for verifying that their suppliers comply with the new regulations.
- Penalties for non-compliance: the act includes fines and potential bans on non-compliant products to enforce adherence.
Industry impact & response
We spoke to Lauren Hierl, Executive Director of Vermont Conservation Voters (VCV), who emphasized the importance of this legislation. She shared that "restricting these chemicals in cosmetics and personal care products is an important step forward." Further, she added that, in particular, "since we rub, pour, and sprinkle cosmetics on our bodies, having safe products is so important."
In response to the legislation's passage into law, manufacturers who have not already done so may need to invest in R&D to reformulate products, eliminating restricted substances while maintaining efficacy to ensure compliance. Additionally, testing protocols and supplier audits are necessary to ensure compliance and consumer trust.
These will help ensure raw materials and components meet safety requirements, mitigating the risk of non-compliance.
Advocacy & support
VCV played a crucial role in advocating for the legislation. Hierl noted, "VCV conducted research, brought together experts from across the country, and testified in support of the policy." In addition to having "educated Vermonters about this importance of this issue," she explained, "we also worked in the State House with various stakeholders to craft a policy that would work for everyone involved."
Public support remains critical for ongoing efforts to regulate chemicals like PFAS in cosmetics and personal care products. Hierl advised that "consumer demand is an important driver to help transition markets," and "people can also make an important impact by contacting their legislators to support policies to restrict the use of" PFAS in consumer products.
Implementation & compliance
Hierl expressed confidence in the implementation of the new regulations. "Because Vermont's new law builds on work happening in other states, we don't foresee any major challenges with implementing these new regulations," she said.
"For every product category being regulated, there were examples of products that didn't contain PFAS…so we know safer alternatives are available," she added.
The Vermont Attorney General will ensure compliance and enforcement, working closely with companies to provide the necessary information for adherence. "She is focused on this new policy and eager to work with companies to ensure they have the information they need to comply," Hierl explained.
Public awareness & education
VCV uses multiple strategies to raise public awareness about the potential dangers of PFAS in consumer products. "VCV works to educate our thousands of members through emails and social media about the harms that PFAS cause, and ways we can reduce the use of these chemicals," she shared.
Further, "we sometimes hold events with experts" and "engage with media outlets," Hierl explained. Additionally, "consumers can make informed choices by using resources like EWG's Skin Deep database and looking for certifications such as EPA's 'Safer Choice.'"
Future goals
Looking ahead, VCV continues to focus on reducing the use of PFAS in various product categories and better regulating PFAS in drinking and surface waters. Hierl stated, "We are continuing to explore ways to reduce the use of PFAS and other [potentially] harmful chemicals in product categories not covered by our current legislation."
Further, she added, "we are also looking at how we can better regulate PFAS in drinking water and surface waters, so we can ensure all Vermonters have clean and safe water."
Vermont's S.25 Act represents a pivotal step toward safer consumer products and a cleaner environment. Compliance with the new regulations may require significant adjustments for cosmetics and personal care product manufacturers and suppliers. However, these efforts can ultimately contribute to a safer industry, benefiting consumers and the environment.
By proactively adapting to these changes, companies can maintain market access and consumer trust while contributing to a broader movement toward sustainability and safety in consumer products.
