California’s bid to ban selling anti-agers to teens fell through, but set a precedent

Published: 14-Aug-2024

Kelly Bonner, an attorney with law firm Duane Morris, unpacks California’s proposed anti-ageing skin care ban and what it means for beauty brands

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It is a truth universally acknowledged that a person over 40 must be in want of a face cream. Or a serum. Or anything, so long as it promises to reduce the appearance of ageing.

I should know. I’ve tried most of them. In addition to my day job as a lawyer, dealing with litigation risk and regulatory issues affecting businesses in the cosmetics and personal care industries, I am a woman who has just turned 40.

My social media is a 24/7 loop of miracle products, promising a better version of me. One who is, invariably, 20 years younger.

But as consumers 30 years younger report spending more on cosmetics, skin care and fragrance in 2023, dermatologists are increasingly reporting younger teenagers with skin conditions as a result of anti-ageing product use.  

These conditions include contact dermatitis, dryness and rashes, as well as increased sensitivity to sunburn and sun damage.

Dermatologists are also reporting teenagers seeking unrealistic ‘glass skin’, or ideas about skin care based on social media misinformation.

California’s attempt to take action

In response to increased concerns about skin care misuse, earlier this year, California Democratic Assembly member Alex Lee proposed AB 2491, which, as drafted, would require businesses to take “a reasonable step” to prohibit the sale of over-the-counter skin care products and cosmetics that advertise that they are intended to address skin ageing if those products intentionally contain either (1) vitamin A and its derivatives, including, but not limited to, retinoid and retinol; or (2) an alphahydroxy acid (AHA), including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid, to customers under the age of 13.

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