New York State to ban 1,4-dioxane in consumer products

In December 2019, New York state Governor Andrew Cuomo signed into law a bill restricting 1,4-dioxane in household consumer products. The intent of the legislation (S.4389-B/A.6295-A) is to address contamination of New York’s water systems by limiting the amount of 1,4-dioxane permitted in consumer products such as shampoo.

1,4-Dioxane is a cyclic ether that is used as a solvent in a variety of laboratory applications and is also found as a contaminant from the manufacturing process of certain cosmetics and personal care products. 1,4-Dioxane is “possibly carcinogenic to humans” according to International Agency for Research on Cancer and is also listed on the Proposition 65 list as a chemical known to the state of California to cause cancer.

1,4-Dioxane has been getting some extra attention recently as consumers and regulators demand increased transparency when it comes to the contents of products sold to the public. The new online disclosure requirements under California’s Cleaning Product Right to Know Act of 2017 (SB-258) are a recent example of this.

The new requirements in New York take effect 1 January 2022, with a phase down schedule that sets permissible levels of 1,4-dioxane for cosmetics at 10 parts per million (ppm) and levels for personal care and cleaning products at 2 ppm in 2022 and then down to 1 ppm by 2023.

Not surprisingly, industry members have expressed concerns about the costs and feasibility of compliance with this new bill. Stakeholders are planning to meet with the New York State Department of Environmental Conservation (NYSDEC) in September 2020 to discuss previous requests for technical guidance as well as a delay in the effective dates of the law.
We are always looking out for important regulatory updates and will be sure to let you know if we hear about any key changes to this legislation.

For assistance navigating state and federal consumer product regulations, click here to contact Nexreg’s team.