New York’s Beauty Justice Act could force companies “out of state or out of business”

New York, US, lawmakers are advancing the Beauty Justice Act, which would ban or strictly limit certain chemicals and trace substances in cosmetic products sold statewide. The bill is positioned as a public health intervention that addresses the exposure to dangerous cosmetics disproportionately faced by communities of color. However, beauty industry groups argue that the legislation is overly restrictive and could create costly compliance challenges for brands. 

According to beauty industry voices, the Beauty Justice Act would impose stricter limits on trace substances in cosmetics than those applied to food and dietary supplements.

Some cosmetic brands would be forced to reformulate products to comply, creating an expensive hurdle that the Personal Care Product Council (PCPC) believes will ultimately limit consumer access to basic personal care essentials.

“The proposed limits on trace substances are a departure from federal and internationally established, science-based regulations,” Karin Ross, the PCPC EVP of government affairs, tells Personal Care Insights.

The push to enact the Beauty Justice Act, under bills SB 2057A and AB 2054A, follows years of criticism that US regulations lag behind scientific evidence and that there are fewer cosmetic ingredient bans compared to international markets. 

According to FDA regulatory data, approximately a dozen cosmetic chemicals are banned or restricted in the US, while the EU’s framework prohibits over 1,300. Many states have taken their own efforts to close cosmetic safety gaps, but according to Ross, these efforts make compliance difficult for beauty brands.

“We have seen a broader trend toward state-level policymaking, often driven by advocacy pressure rather than sound science and stakeholder input. This shift introduces greater regulatory uncertainty in product development, manufacturing, and investment decisions,” she says.

Many small and medium-sized enterprises (SMEs) may lack the resources to reformulate or revalidate products for a single state’s jurisdiction, which could lead to fewer essential personal care products available to New York consumers.

Businesses in New York could face tighter restrictions on ingredients used in cosmetics sold statewide.“If enacted, the bill, as currently written, risks creating confusion and restricting consumer access to essential, everyday personal care products,” says Ross.

Patchwork compliance

The US introduced the Modernization of Cosmetics Regulation Act (MoCRA) in 2022. It represented the country’s most significant update to its cosmetic regulations in over 80 years. However, while MoCRA grants the US FDA recall authority, it does not outright ban toxic cosmetic chemicals. 

As international markets ramp up their cosmetic protections, states, including California, Maryland, and Washington, have begun drafting and implementing their own toxic-free cosmetics laws. Vermont and Maine’s efforts to introduce restrictive laws on cosmetic ingredients are set to take effect later this year and through 2027.

New York’s Beauty Justice Act, passed in the Senate in June 2025 with a 50-9 vote, but stalled in the Assembly before being reintroduced this January. 

The momentum to advance the bills is now intensified amid new scientific evidence highlighting the severity of hazardous chemicals in synthetic hair products.

A recent study by the Silent Spring Institute, published by the American Chemical Society’s Environment & Health, found dozens of harmful chemicals in popular hair extensions, including substances linked to cancer and hormone disruption.

Nearly all of the products tested contained toxic compounds — a finding that is catalyzing fresh concerns about health risks for Black women, who are the primary users of these products. The findings have added urgency to calls for stronger cosmetic safety laws in New York.

However, as states work to fortify their own cosmetic protections, brands operating across the country are left to navigate irregular rules.

“The patchwork of state regulations creates inconsistent compliance requirements across jurisdictions. Our members often sell their products in all 50 states, and many also serve the global market,” Ross explains.

“This proposal may mean a business stops selling its essential products in New York,” she adds, explaining that the product supply chain would be significantly disrupted. “Unnecessary burdens would be placed on manufacturers, small businesses, and other professionals who rely on access to these products for their livelihoods.”

Black women are disproportionately exposed to potentially harmful hair products.“As a result, consumers would have limited access to cosmetics and personal care products.”

SME’s smothered

Ross explains that SMEs are likely to take the largest hit if the Beauty Justice Act is enacted as is.

“If these brands are required to reformulate, they will need access to specialized chemists, toxicologists, ingredient suppliers, stability testing, and regulatory review, which could be costly and impact the time it takes for products to go to market,” she says.

The uneven state-level rules further exacerbate SMEs’ operations. “This, combined with the uncertainty of the state identifying additional ingredients by regulation, makes innovating nearly impossible and will force companies out of state or out of business.”

Science-based alignment

The PCPC argues that New York’s act does not fully align with internationally established, science-based regulations for cosmetic safety. 

“Businesses across cosmetics and personal care invest substantial resources in scientific research and safety processes to develop products that enhance the health and well-being of all New Yorkers,” Ross says.

She explains that the PCPC remains committed to a science-driven approach to ensure consumers have access to safe and effective products. 

“Every ingredient [in a cosmetic formula] undergoes evaluation using complex scientific criteria applied by safety scientists who rely on the same methodologies used by regulatory bodies worldwide, including the FDA.”

The cosmetics industry supports over 273,000 New York jobs and contributes over US$23 billion to the state’s GDP, according to Ross. As such, the PCPC prioritizes cosmetic safety measures that protect consumer access, economic growth, and innovation.

“We will continue to work with New York state legislators to consider amendments to harmonize the bills with global regulations,” she concludes.