1,4-dioxane: all eyes on New York
Frey said another contaminant to watch for at the moment is 1,4-dioxane, which can form as a byproduct during the manufacturing of ethoxylated products such as surfactants and thickeners.
In January 2022, a new law passed in the state of New York banning all but trace amounts of 1,4-dioxane in cosmetics, personal care and cleaning products. Limits will go into effect as of the end of 2022.
The issue that beauty manufacturers and brands face, Frey said, is the possibility that 1,4-dioxane levels may increase over time after manufacturing.
“This is a new discovery and we don’t yet understand the mechanism that is causing this to happen but it could mean that although a product is compliant at the time of manufacturing, after sitting on the shelf the level of 1,4-dioxane may creep up so it is no longer compliant,” he said.
Frey also said because the threshold for 1,4-dioxane compliance is so low, individuals may pursue class action lawsuits similar to those involving benzene. It is not yet clear what the repercussions for violating the law will be.