California Bill Would Ban Selling Skincare with Retinoids, Retinol and AHAs to Children Under 13

Those “Sephora Kids” may need to show ID if one California Assemblymember’s bill makes its way into law.

The bill—California AB 2491—would ban the sale of over-the-counter skin care products or cosmetic products to children under the age of 13 that are advertised to address skin aging. If passed, it would ban the sale of products that contain either vitamin A and its derivatives including retinoids and retinol, as well as alpha hydroxy acids, including glycolic acid, ascorbic acid or citric acid.

Assemblymember Alex Lee, elected in 2020, is the author. A Democrat, he represents California’s 24th Assembly District, which includes Fremont, Newark, Sunol, Milpitas and San Jose, CA.

AB 2491 was set to move to the Appropriations Committee on May 8, 2024 after passing the Environmental Safety and Toxic Materials Committee late last month.

“Anti-aging products with powerful active ingredients like retinol have become much more accessible in recent years,” said Lee in a statement released by his office. “They’re readily available at retail stores, and we’re seeing videos on social media of children as young as seven using anti-aging serums. The industry itself has made statements that kids do not need to use these strong products. But the multi-billion dollar beauty industry in the US is failing to take meaningful action to address the issue, and companies are profiting off of kids who are unknowingly buying and using products that aren’t meant for them. Kids don’t need anti-aging products, and AB 2491 will protect children and preteens from the potential harms of using products that may lead to short- or long-term skin challenges they wouldn’t otherwise have.”

Happi reported on the Sephora Kids phenomenon in February.

Formulators use retinols, glycolic acid and ascorbic acid to improve the appearance of fine lines and wrinkles by boosting collagen production and increasing cell turnover. However, they can also cause irritation, dryness and peeling. 

You can watch Lee on Instagram as he explains his bill.

Organizations representing retailers and manufacturers are opposing AB 2491, although according to Assemblymember Lee’s office, they have acknowledged that they “do not support children using anti-aging products.”

Brands including Dove, The Ordinary and Kiehl’s have been pushing back against the notion that kids should be using these products. Dermatologists have too.

During an April 23, 2024 hearing in the California State Assembly, 10 year-old Scarlett Goddard-Strahan said she was swayed by influencers on TikTok and YouTube. She began buying products that were advertised as anti-wrinkling and brightening and after using them, she experienced reactions like burns and bumps.

“I stopped using these products a while ago and use Nivea and sunscreen now, but I still have bumps on my cheeks and they get itchy and red when I sweat and when I am out in the sun,” said Goddard-Strahan. “I feel embarrassed that I have bumps on my face and people at my school ask me why my cheeks are so red. It makes me really self-conscious. I’m worried my skin is always going to look like this and feel like this.”

Goddard-Strahan added, “I really wish that I would have known how these products would have affected me because if I did I would never have used them. I didn’t know I could buy something that sounded good, but would actually hurt my skin. I wanted glowy skin and instead I have red itchy skin.”

How It Would Work

According to information from Assemblyperson Lee’s website, under the bill, businesses are required to take a “reasonable” step to ensure that purchasers of anti-aging products are not under the age of 13. The reasonable steps could include:

• Placing a prominent notice next to the physical product or in the product’s online description that states that the product is not meant for anyone under 13 years of age.

• Requiring the purchaser to provide a date of birth or otherwise confirm their age before purchasing.

• Requiring the purchaser to use a nonprepaid credit card for an online purchase.

• Requiring the purchaser to verify their age by means of a valid form of identification that includes a photograph of the purchaser and their date of birth.

Statement by Personal Care Products Council

The Personal Care Products Council (PCPC) is opposed, although it called the bill “well intentioned”  in an April 24 statement.

PCPC’s full statement reads as follows:

“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.

“Safeguarding preteens from the pressures of social media and the inappropriate use of cosmetics is extremely important to our member companies. This bill would not provide such safeguards. AB 2491 is a hastily drafted attempt to use legislative force to stop a social media trend. Every ingredient targeted by this bill is safe when used as directed at the appropriate age. In addition to reviewing product ingredients with each sale, this bill would require cashiers to know whether a product has been advertised as anti-aging and would further require them to verify a customer’s age at checkout.

“We must collectively find real solutions that genuinely promote the welfare of preteens. In the meantime, we urge legislators to vote no on AB 2491,” PCPC concluded.

Happi will update this story on the progress of AB 2491 as necessary.