California Senate Bill 39, introduced on January 29, 2025, aims to regulate the use of certain chemical ingredients in cosmetic products, particularly those that may pose health risks. The bill specifically targets a range of borate compounds and certain dyes, which have raised concerns regarding their safety and potential adverse effects on human health.

The key provisions of SB 39 include a comprehensive list of prohibited substances, including various forms of borates such as disodium octaborate and zinc borate, as well as several synthetic dyes. The bill allows for exceptions in cases where trace amounts of these ingredients are present due to unavoidable impurities from natural or synthetic sources, manufacturing processes, or packaging migration. This provision aims to balance safety with practical manufacturing realities.

Notably, the bill includes specific exemptions for vaginal or vulvar products that are either undergoing clinical trials, have pending new drug applications, or are regulated as drugs by the FDA. This aspect has sparked debate among stakeholders, with some advocating for stricter regulations on all cosmetic products, while others argue that the exemptions are necessary to foster innovation and ensure that safe products can reach the market.

The implications of SB 39 are significant, as it reflects a growing trend towards stricter cosmetic regulations in California, which often sets the standard for other states. Experts suggest that the bill could lead to increased scrutiny of cosmetic formulations and potentially drive manufacturers to reformulate products to comply with the new standards. This could have economic ramifications, particularly for smaller companies that may struggle to adapt to the new requirements.

As the bill progresses through the legislative process, it is likely to face further amendments and discussions, particularly regarding the balance between consumer safety and industry flexibility. The outcome of SB 39 could set a precedent for future legislation aimed at regulating cosmetic ingredients, highlighting the ongoing conversation about health, safety, and consumer rights in the beauty industry.