A decade ago, California banned the sale of rinse-off products, like face scrubs and shampoos, containing plastic microbeads. Leave-on personal care and cleaning products were excluded.
But that could soon change if Assembly Bill 823 is signed into law.
The proposal, introduced earlier this year by Assemblymember Tasha Boerner, D-Encinitas, has successfully been making its way through state Senate committees, following approval in June by the Assembly. The Senate Appropriations Committee will hold a hearing to consider the bill later this month.
AB 823 would prohibit the sale of plastic microbeads and plastic glitter in nonrinse-off goods. These are items that aren’t typically washed off after application, such as polishes, waxes, sunscreens, eyeshadows and lip glosses.
These types of microplastics are deliberately added to household cleaners and cosmetics to serve as exfoliators or filler material, or to add some sparkle. But the tiny pieces of plastic don’t break down easily and can end up in drinking water supplies, food sources and human tissue.
A study released in February by the University of New Mexico found that microplastics are detected at higher concentrations in human brains than in other organs.
“What we’ve seen is in the last couple of years increasing research that has shown how dangerous plastic microbeads and plastic glitter are for our human bodies and for our planet,” said Boerner.
Bans on microbeads aren’t exclusive to California. Over half the states and the federal government have issued their versions of bans, which target rinse-off cosmetics and nonprescription drugs with the plastic particles. But AB 823 would be the first in the nation to prohibit them in leave-on personal care and cleaning products, Boerner said.
An earlier version of AB 823 received opposition from some industry groups, arguing that the law would ban a significant amount of cosmetic and cleaning products without first giving businesses the opportunity to innovate alternatives. Groups successfully requested that nonabrasive microbeads in products be excluded from the bill. AB 823 would still ban abrasive items.
The Personal Care Products Council had opposed the original version ,but changed its position following the amendment. A spokesperson said in a statement that the Council “appreciates the ongoing collaboration with California legislators and other stakeholders on AB 823. We are committed to ensuring the amended bill provides clarity and improves workability for manufacturers, while maintaining consumer access to essential personal care products.”
These kinds of laws have been driven by the availability of alternatives already in the market. In fact, the clean beauty industry has long been in the market because of its ability “to provide alternatives that have existed from our earth,” said Leah Kirpalani. She’s the owner of Shop Good, a clean beauty and wellness boutique with locations in North Park and Del Mar.
And there’s a plethora of them, such as sugar, pumice, mineral salts, oats and volcanic clay, she added.
“These are all natural ingredients that can reach the same effects, if not better, results because they have less of a chance to create micro tears in people's skin, which is a really great benefit of some of these more natural ingredients if done right,” Kirpalani said.
If signed by the governor, AB 823 would ban sales of leave-on products with plastic microbeads by Jan. 1, 2029, and those with plastic glitter by Jan. 1, 2030.
