Chemicals in Cosmetic and Menstrual Products

V.S.A. tit. 9, ch. 63, subch. 12

in effect

9 V.S.A. § 2494a Definitions

2494a. Definitions As used in this subchapter: (1) “Bisphenols” means any member of a class of industrial chemicals that contain two hydroxyphenyl groups. Bisphenols are used primarily in the manufacture of polycarbonate plastic and epoxy resins. (2) “Cosmetic product” means articles or a component of articles intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, promoting attractiveness, or improving or altering appearance, including those intended for use by professionals. “Cosmetic product” does not mean soap, dietary supplements, or food and drugs approved by the U.S. Food and Drug Administration. (3) “Formaldehyde-releasing agent” means a chemical that releases formaldehyde. (4) “Intentionally added” means the addition of a chemical in a product that serves an intended function in the product component. (5) “Manufacturer” means any person engaged in the business of making or assembling a consumer product directly or indirectly available to consumers. “Manufacturer” excludes a distributor or retailer, except when a consumer product is made or assembled outside the United States, in which case a “manufacturer” includes the importer or first domestic distributor of the consumer product. (6) “Menstrual product” means a product used to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, disks, applicators, and menstrual cups, whether disposable or reusable. (7) “Ortho-phthalates” means any member of the class of organic chemicals that are esters of phthalic acid containing two carbon chains located in the ortho position. (8) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (9) “Professional” means a person granted a license pursuant to 26 V.S.A. chapter 6 to practice in the field of barbering, cosmetology, manicuring, or esthetics. Added 2023, No. 131 (Adj. Sess.), § 1, eff. Jan. 1, 2026.

9 V.S.A. § 2494b Prohibited chemicals in cosmetic and menstrual products

2494b. Prohibited chemicals in cosmetic and menstrual products (a) A manufacturer shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State any cosmetic or menstrual product to which the following chemicals or chemical classes have been intentionally added in any amount: (1) ortho-phthalates; (2) PFAS; (3) formaldehyde (CAS 50-00-0); (4) methylene glycol (CAS 463-57-0); (5) mercury and mercury compounds (CAS 7439-97-6); (6) 1, 4-dioxane (CAS 123-91-1); (7) isopropylparaben (CAS 4191-73-5); (8) isobutylparaben (CAS 4247-02-3); (9) lead and lead compounds (CAS 7439-92-1); (10) asbestos; (11) triclosan (CAS 3380-34-5); (12) m-phenylenediamine and its salts (CAS 108-42-5); (13) o-phenylenediamine and its salts (CAS 95-54-5); and (14) quaternium-15 (CAS 51229-78-8). (13) o-phenylenediamine and its salts (CAS 95-54-5); (14) quaternium-15 (CAS 51229-78-8); (15) styrene (CAS 100-42-5); (16) octamethylcyclotetrasiloxane (CAS 556-67-2); and (17) toluene (CAS 108-88-3). (b) A cosmetic or menstrual product made through manufacturing processes intended to comply with this subchapter and containing a technically unavoidable trace quantity of a chemical or chemical class listed in subsection (a) of this section shall not be in violation of this subchapter on account of the trace quantity where it is caused by impurities of: (1) natural or synthetic ingredients; (2) the manufacturing process; (3) storage; or (4) migration from packaging. (c) A manufacturer shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State any cosmetic or menstrual product that contains 1,4, dioxane at or exceeding 10 parts per million. (d)(1) Pursuant to 3 V.S.A. chapter 25, the Department of Health may adopt rules prohibiting a manufacturer from selling, offering for sale, distributing for sale, or distributing for use a cosmetic or menstrual product to which formaldehyde releasing agents have been intentionally added and are present in any amount. (2) The Department may only prohibit a manufacturer from selling, offering for sale, distributing for sale, or distributing for use a cosmetic or menstrual product in accordance with this subsection if the Department or at least one other state has determined that a safer alternative is readily available in sufficient quantity and at comparable cost and that the safer alternative performs as well as or better than formaldehyde releasing agents in a specific application of formaldehyde releasing agents to a cosmetic or menstrual product. (3) Any rule adopted by the Department pursuant to this subsection may restrict formaldehyde releasing agents as individual chemicals or as a class of chemicals. Added 2023, No. 131 (Adj. Sess.), § 1, eff. Jan. 1, 2026; amended 2023, No. 131 (Adj. Sess.), § 2, eff. July 1, 2027.

9 V.S.A. § 2494c Violations

2494c. Violations (a) A violation of this subchapter is deemed to be a violation of section 2453 of this title. (b) The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under subchapter 1 of this chapter. Added 2023, No. 131 (Adj. Sess.), § 1, eff. Jan. 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/09/063Fetched: 10/21/2026