No BeautyMatter event would be complete without a deep dive into the global regulatory landscapes. At the publication’s FUTURE50 Summit last week, BeautyMatter founder and CEO Kelly Kovack kicked off the regulatory panel by saying that context matters, especially when it comes to regulatory issues, because there is no grey zone. “You're either compliant, or you're not,” Kovack told the audience. “If you think you are, that's probably when you get sued.”  

Dr. Akemi Ooka, Head of Global Supply Chain Resources at Independent Beauty Association (IBA), spoke to Kovack about how brands can ensure compliance during an especially chaotic political climate.

“We are in the most unsettled and complex regulatory environment for the beauty industry in decades. At the federal level, there is a tremendous amount of disarray,” Dr. Oooka said. While Martin A. Makary was appointed FDA Commissioner, leadership structures across a number of government agencies became less clear. Due to the FDA's position under the U.S. Department of Health and Human Services, led by Robert F. Kennedy Jr., the Make America Healthy campaign will likely impact the cosmetics space.

Given this backdrop, “NGOs and other interested parties are turning away from talking with legislators and policymakers and turning their attention towards the individual states. We’re seeing a shift from regulatory being driven at the federal level,” Dr. Oooka said. Regulation at a state level means brands now have 50 regulatory bodies to comply with, instead of one. 

As for the most current regulations that need to be top of mind, Dr. Ooka highlighted state-level packaging regulations like the Extended Producer Responsibility (EPR) Regulation (currently active in Oregon, Colorado, California, Maine, and Minnesota), Washington Plastic Packaging Reduction Law (SB 5022), and California's Plastic Pollution Prevention and Packaging Producer Responsibility Act. “Packaging regulations are in effect now. If you’ve not been paying attention to packaging, now is the time to do it,” Dr. Ooka said.

EPR requires producers to partially or fully fund the collection, sortation, and waste processing of single-use packaging. Washington Plastic Packaging Reduction Law (SB 5022) requires 15% PCR for personal care products. California's Plastic Pollution Prevention and Packaging Producer Responsibility Act states that by 2032, 100% of single-use packaging sold in the state needs to be compostable or recyclable. Dr. Ooka advised brands to re-educate themselves on what constitutes single-use packaging, which is any product that is not designed to be refilled. “Don’t think because you aren't doing samples that you are not doing single-use packaging,” she said. Noncompliance comes at a high cost. For the Washington Plastic Packaging Reduction Law (SB 5022), penalties are $5,000 to $10,000 per day.

She also mentioned the Washington Toxic-Free Cosmetics Act, which restricts the use of nine intentionally added ingredients/ingredient categories: formaldehyde, lead and lead compounds, mercury and mercury compounds, methylene glycol, ortho-phthalates, per- and polyfluoroalkyl substances (PFAS), m-phenylenediamine and its salts, o-phenylenediamine and its salts, and triclosan.

Shifting to a wider perspective, the EU Cosmetic Products Regulation is causing changes on an international level. As part of this ongoing mandate, which was launched February 21, 2025, the EU Commission is collecting regional and international industry stakeholder feedback to review points like consumer safety, environmental regulations, and marketing surveillance, including the REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) Regulation. The survey will last from Q2 2025 to Q2 2026.

“Fifteen years ago, cosmetics regulation was passed in Europe. People want to see how it is doing. The big question is, is it allowing the EU to be competitive?” Dr. Ooka said. “This is an opportunity if you as an individual company want to weigh in.” The conversation wrapped up with a nod to the IBA’s upcoming Cosmetics Convergence virtual conference running from May 14-15, which will explore the regulatory and sustainability forces impacting indie beauty.

Kovack concluded the talk with an industry-wide call to arms. “Today, regulatory is everybody's job. It is cross-functional in a way that it's never been before.”