California Assembly Member Alex Lee has been pushing for the California AB 2491 bill to be put into effect. The bill would have kids show ID for proof of age to prevent those under 13 from buying skincare that is advertised as anti-aging.

Lee was elected in 2020 and is the author of AB 2491. As a Democrat, he represents California’s 24th Assembly District, which includes Fremont, Newark, Sunol, Milpitas, and San Jose, CA.
 
Over-the-counter skincare products or cosmetic products with vitamin A and its derivatives such as retinoids and retinol, as well as alpha hydroxy acids, including glycolic acid, ascorbic acid, or citric acid, would be banned under the AB 2491 law.
 
The bill passed the Environmental Safety and Toxic Materials Committee last month and was set to move to the Appropriations Committee on May 8, 2024.
 
Brands like Dove have led campaigns to raise awareness of kids using retinol products and push back against kids using anti-aging products. 
 
While retinol, ascorbic acid, and glycolic acid are used to improve collagen production and increase cell turnover to reduce the appearance of fine lines and wrinkles, they can also cause peeling, dryness, and other irritations.
 
Despite acknowledging that they “do not support children using anti-aging products,” organizations representing retailers are opposing AB 2491.  

AB 2491 Guidelines

According to Lee’s website, the bill would require businesses to take a “reasonable” step to prevent anyone under 13 from purchasing anti-aging products. Suggested “reasonable” steps include:
 

• Requiring purchasers to provide a date of birth or confirm their age before purchasing.

• Requiring purchasers to verify their age through a valid form of identification that includes their photograph and date of birth.

• Placing a prominent notice next to the product in stores and online, stating the product is not meant for anyone under 13 years of age.

• Preventing purchasers from using a prepaid credit card for online purchases.

Personal Care Products Council Statement

Despite calling the bill “well intended,” the Personal Care Products Council (PCPC) is opposed to AB 2491. PCPC has issued a statement saying:
 
“Assembly Bill 2491, introduced by Assemblyman Alex Lee, while well-intentioned in its efforts to protect preteens, falls short of addressing the real issue and instead creates restrictions so complicated that compliance or enforcement would be largely impossible. By proposing sales restrictions for a wide range of cosmetics and personal care products, including basic essentials like sunscreens, moisturizers, and cleansers, this bill threatens to overregulate products that are safe and essential for healthy skin care.”
 
See here for the whole statement. 

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