# Health - General (GHG)

## Title 21. Food, Drugs, and Cosmetics

### Subtitle 2. Maryland Food, Drug, and Cosmetic Act

#### Section 21-259.2

(a) In this section:

  (1) "Ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product; and

  (2) "Ingredient" does not include an incidental ingredient, as described in 21 C.F.R. Sec. 701.3(l).

(b) Except as provided in subsection (c) of this section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product that contains any of the following intentionally added ingredients:

  (1) Dibutyl phthalate (CAS no. 84-74-2);

  (2) Diethylhexyl phthalate (CAS no. 117-81-7);

  (3) Formaldehyde (CAS no. 50-00-0);

  (4) Paraformaldehyde (CAS no. 30525-89-4);

  (5) Methylene glycol (CAS no. 463-57-0);

  (6) Quaternium-15 (CAS no. 51229-78-8);

  (7) Mercury (CAS no. 7439-97-6);

  (8) Isobutylparaben (CAS no. 4247-02-3);

  (9) Isopropylparaben (CAS no. 4191-73-5);

  (10) m-Phenylenediamine and its salts (CAS no. 108-45-2);

  (11) o-Phenylenediamine and its salts (CAS no. 95-54-5);

  (12) Lead (CAS no. 7439-92-1); or

  (13) The following per- and polyfluoroalkyl substances (PFAS) and their salts:

    (i) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1);

    (ii) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3);

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

    (iv) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081-56-9);

    (v) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457-72-5);

    (vi) Perfluorooctanoic acid (PFOA) (CAS no. 335-67-1);

    (vii) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1);

    (viii) Nonadecafluorodecanoic acid (CAS no. 335-76-2);

    (ix) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7);

    (x) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3);

    (xi) Perfluorononanoic acid (PFNA) (CAS no. 375-95-1);

    (xii) Sodium heptadecafluorononanoate (CAS no. 21049-39-8); or

    (xiii) Ammonium perfluorononanoate (CAS no. 4149-60-4).

(c) A person is not in violation of this section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that:

  (1) Was manufactured through a process intended to comply with this section; and

  (2) Contains a technically unavoidable trace quantity of an ingredient listed in subsection (b) of this section due to:

    (i) An impurity of a natural or synthetic ingredient;

    (ii) The manufacturing process;

    (iii) Storage; or

    (iv) Packaging.

(d)

  (1) In addition to any other penalties under this title, a person who violates this section is liable for civil damages resulting from actual harm sustained by the individual resulting from the violation.

  (2) An action under this section must be brought within 3 years after the date on which the plaintiff discovered or reasonably should have discovered that the exposure to an ingredient in violation of this section was the proximate cause of the injury sustained by the plaintiff.

  (3) In any action brought to enforce this section, a court may award to a prevailing plaintiff:

    (i) Treble damages;

    (ii) If the violation was willful, punitive damages; and

    (iii) Reasonable attorney's fees.

(e)

  (1) The Department may investigate any complaint alleging that a person has violated this section.

  (2) On receipt of a complaint, a representative of the Department, at a reasonable time, may enter and inspect the premises of the person located in the State to determine compliance with this section.

  (3) The person may not:

    (i) Refuse to grant access to a representative who requests to enter and inspect the premises of the person under paragraph (2) of this subsection; or

    (ii) Interfere with an inspection under paragraph (2) of this subsection.

  (4) An investigation of a premises of a person conducted under this subsection may include sampling of a cosmetic product to determine if the cosmetic product contains a technically unavoidable trace quantity of an ingredient listed in subsection (b) of this section.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)