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Microbead Bans Expanding

By Emma K. Burton on November 18, 2015
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Burton Microbeads

The number of states who have banned the use of microbeads in personal care products is growing, with California being the most recent to join the trend.  California and New Jersey laws expand their bans to include biodegradable microbeads; Johnson & Johnson and Proctor & Gamble both opposed the California law.  The Personal Care Products Council, a trade group for the cosmetics industry, came out in support of several state bills.  The following is a snapshot of current state bans:

 

State Date Enacted Effective date Scope
California October 8, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Does not allow biodegradable microbeads
Colorado March 26, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads
Connecticut June 30, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads
Illinois June 8, 2014 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads; excludes prescription drugs
Indiana April 15, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads
Maine March 11, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads
Maryland May 12, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads.
New Jersey March 12, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Does not allow biodegradable microbeads.
Wisconsin July 1, 2015 Jan. 1, 2018 (manufacture of personal care products); Jan. 1, 2020 (sale of over-the-counter drugs) Allows biodegradable microbeads ; excludes prescription drugs

 

 

Industry leader Unilever has announced a full stop to the use of microbeads in its products, while Proctor & Gamble, Colgate-Palmolive, and Johnson & Johnson report an intent to stop use by 2017.  Likewise, many large retailers have already removed microbeads from in-house brands or announced intentions to do so in the near future.

 

At the Federal level, the Microbead-Free Waters Act of 2014 (H.R. 4895) which would ban sale and distribution of cosmetics containing plastic microbeads, died in Congress; Rep. Frank Pallone re-introduced The Microbead-Free Waters Act of 2015 (H.R. 1321) on March 4, 2015 and it has been referred to the House Energy and Commerce Committee.

 

Finally, researchers are investigating whether chemicals from microbeads eaten by fish transfer into fish meat, and the potential human health effects, if any, following consumption.

Photo of Emma K. Burton Emma K. Burton

Emma Burton is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Antitrust and Competition and Litigation groups. Her practice focuses primarily on assisting clients to achieve affirmative recovery through negotiation, litigation, and the pursuit of claims

…

Emma Burton is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Antitrust and Competition and Litigation groups. Her practice focuses primarily on assisting clients to achieve affirmative recovery through negotiation, litigation, and the pursuit of claims in large antitrust and tort settlements, and she has recovered over $1 billion for clients in recent years. She is experienced in the process by which class action settlements are administered and distributed and in effectively resolving disputes over allowable purchases, sufficiency of data, jurisdictional issues, and the allocation of funds.

Emma graduated from Brown University in 1994 and earned her J.D., cum laude, from Georgetown University Law Center in 1997. While in law school, she was a member of the Georgetown Journal of Legal Ethics.

Read more about Emma K. BurtonEmail
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  • Posted in:
    Environmental and Climate
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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