Chapter 14.5 - Hair Relaxers

California Health and Safety Code — §§ 108985-108985.7

Sections (8)

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

For the purposes of this chapter, the following terms have the following meanings:

(a)“Department” means the Department of Toxic Substances Control.

(b)“Hair relaxer product” means a cosmetic product, as defined in Section 108982, that is sold either as an individual component or as a kit with multiple components and is designed to permanently straighten curly, coiled, or tightly coiled hair by breaking the disulfide bonds found within a person’s hair.

§ 108985.1

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

On or before January 1, 2030, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter.

§ 108985.2

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

(a)(1) On or before January 1, 2028, the department shall identify and publish on its internet website appropriate third-party accreditations for laboratories for the testing of hair relaxer products for the presence of all of the following intentionally added ingredients:

(A) Formaldehyde (CAS no. 50-00-0).

(B) Isobutylparaben (CAS no. 4247-02-3).

(D) Cyclohexylamine (CAS no. 108-91-8).

(E) Cyclotetrasiloxane (CAS no. 556-67-2),

(F) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8).

(G) Dibutyl phthalate (CAS no. 84-74-2).

(H) Diethylhexyl phthalate (CAS no. 117-81-7).

(I) Lily aldehyde (CAS no. 80-54-6).

(2)The department may publish on its internet website a list of accepted testing methods for the testing of hair relaxer products for the presence of the ingredients described in paragraph (1).

(b)(1) The department may update the

list of accepted testing methods as necessary.

(2)The department may update the list of intentionally added ingredients described in subdivision (a) to include additional ingredients described in Chapter 14 (commencing with Section 108980).

§ 108985.3

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

Hair relaxer products are subject to the prohibition against manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product containing an intentionally added ingredient specified in Chapter 14 (commencing with Section 108980).

§ 108985.4

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

(a)The department may request, and a manufacturer shall provide upon request, technical documentation, including analytical test results, to demonstrate compliance of a hair relaxer product with Chapter 14 (commencing with Section 108980) for the ingredients described in Section 108985.2.

(b)The department may test hair relaxer products to support enforcement of this chapter.

§ 108985.5

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

(a)The department shall issue a notice of violation to a person or entity if either of the following occurs:

(1)The

department’s testing of a hair relaxer product or review of a hair relaxer product’s ingredient label indicates that a hair relaxer product contains an intentionally added ingredient described in Section 108985.2.

(2)The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.

(b)A notice of violation shall indicate the nature of the violation, and may do either or both of the following:

(1)Assess an administrative or civil penalty against the person or entity.

(2)Require compliance with Chapter 14 (commencing with Section 108980)

through specified methods, including requiring the person or entity to cease the manufacture, sale, or distribution of a hair relaxer product in this state.

§ 108985.6

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

(a)A violation of Chapter 14 (commencing with Section 108980) for the unlawful manufacturing, selling, delivering, holding, or offering for sale in commerce of a cosmetic product containing any of the ingredients described in Section 108985.2 is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty.

(b)The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any

subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.

(c)In assessing the amount of a penalty for a violation of this chapter, the department or court may consider all of the following:

(1)The nature and extent of the violation.

(2)The number and severity of the violations.

(3)The economic effect of the penalty on the violator.

(4)Whether the violator took good faith measures to comply with this chapter and when the measures were taken.

(5)The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(6)Whether there were contributing environmental factors about which a reasonable person knew or should have known.

(d)The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or

tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

(e)Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.

(f)A prevailing plaintiff bringing an action pursuant to this chapter shall be awarded attorney’s fees and costs by the court.

§ 108985.7

Added by Stats. 2025, Ch. 598, Sec. 2. (SB 236) Effective January 1, 2026.

(a)(1) The Combating Unsafe ReLaxers (C.U.R.L.) Act Fund is hereby created in the State Treasury.

(2)Moneys from penalties collected pursuant to Section 108985.6 shall be deposited in the C.U.R.L. Act Fund.

(b)Upon appropriation by the Legislature, moneys in the C.U.R.L. Act

Fund shall be available for the department’s reasonable costs of implementing this chapter.

(c)(1) The department’s duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter.

(2)Upon appropriation by the Legislature and subject to the determination in paragraph (1), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter, funds may be used as a loan by the department

for the department to carry out this chapter until the C.U.R.L. Act Fund contains revenues sufficient to fund the department’s reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter.