Establishes certain testing, certification, and labeling requirements for manufacturers and sellers of final hair products; establishes limits on amount of certain intentionally added chemicals. **
What changed between versions
The bill shifted from banning carcinogens, reproductive toxicants, flame-resistant chemicals, and VOCs in hair products to requiring manufacturers of final hair products to test and certify measured toxicity levels. The act title changed from 'banning' to 'regulating.'
The explicit ban on flame-resistant chemicals in hair products was removed from the operative provisions. The original section making it unlawful to manufacture, sell, distribute, or offer for sale a hair product containing intentionally added carcinogens, reproductive toxicants, or flame-resistant chemicals was struck.
New definitions added for 'final hair product,' 'synthetic hair fiber,' 'intentionally added chemical,' 'measured toxicity' (100 ppm threshold), 'manufacturer,' 'test,' 'processing,' 'treatment,' 'director,' and 'division.' The original broad definition of 'hair product' was split into two distinct terms.
Manufacturers of final hair products must obtain a written certification valid for five years, assess measured toxicity of intentionally added chemicals (distinguished from trace quantities), maintain an internet website with up-to-date toxicity information and plain language testing summaries, and provide certification copies to purchasers. Exemptions exist if the manufacturer only processes already-certified fiber or does not introduce new chemicals during treatment.
Penalties changed from $10,000 first offense / $20,000 subsequent under the consumer fraud act to a civil administrative penalty of up to $1,000 per kilogram (capped at $1 million per year) or up to $5,000 per knowing, purposeful, or reckless violation. A 90-day cure period was added after a warning notice. The bill now explicitly precludes private causes of action and bars pursuit of other remedies under the consumer fraud act when these administrative remedies are used.
Effective date extended from the first day of the 13th month after enactment to the first day of the 24th month after enactment, giving manufacturers an additional year to comply.