What New York’s Proposed Ban on Cosmetic Ingredients Could Mean for Your Beauty Products

by Emily Johnson
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Cosmetic chemist Sherilee Backman notes that self-tanners could also be impacted by the bill, as DHA (dihydroxyacetone), the active ingredient that gives skin its bronze color, “is a formaldehyde donor… pick up a self-tanner with DHA. You’re going to have some level of formaldehyde in there.” It’s also worth noting that DHA is FDA approved for external use.

Some of these ingredients have come under fire before, including benzene, a known carcinogen. Trace elements of benzene were found in some popular acne products containing benzoyl peroxide, including La-Roche Posay’s Effaclar Duo, leading to a voluntary recall. Benzene is another ingredient that companies are not purposefully adding to their products; it’s typically the result of contamination during manufacturing or a byproduct from an ingredient breaking down.

Parabens, too, have been a hot topic for years. The preservative was used to prevent mold and fungi in products, though they have been removed from many products due to clean beauty-based backlash stemming from potential health concerns. (That said, Backman flags that parabens also occur naturally in the body, and you can also find them in certain foods.)

In 2023, the FDA proposed a ban on formaldehyde in hair products, namely relaxers and keratin treatments, reporting that use of these products has been “linked to short-term adverse health effects, such as sensitization reactions and breathing problems, and long-term adverse health effects, including an increased risk of certain cancers.” However, the ban is currently paused. In early 2024, California banned 38 beauty ingredients, though only six were actually products that are regularly used in modern cosmetics.

Backman says that the bill is “rightfully intended to protect consumers, including those whose health interests have been overlooked in the past.” However, banning ingredients outright doesn’t allow for the “dose makes the poison” nuance that’s crucial for safe product formulation. “The potential risks posed by many materials are not so easy to characterize,” she explains over email, noting that she wishes we could get away from characterizing materials as either inherently good or inherently bad. “You need to factor in [things like] use levels, interactions with other materials, and cumulative exposure from various sources.”

That cumulative exposure is something Backman wishes the general public had more education around. For instance, she notes that the antioxidants and preservatives BHA and BHT, which are included on the list, are also present in bacon. “These materials are also in products outside the personal care industry,” she says. “We’re ingesting these things.” Backman believes “a little more education and coordination between industries” would be helpful for similar bills. “Also, call on the chemists before you start putting these bills in the legislative cycle.”

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