HB 10-1248 Summary

• Creates the "Colorado Safe Personal Care Products Act" prohibiting manufacturers from selling, offering for sale, or distributing personal care products containing chemicals identified as causing cancer or reproductive toxicity in Colorado on or after September 1, 2011.

• Defines "personal care products" consistent with federal Food, Drug, and Cosmetic Act to include articles intended to be applied to the human body for cleansing, beautifying, or altering appearance.

• Identifies prohibited chemicals using lists from authoritative bodies including the EPA, FDA, National Institute for Occupational Safety and Health, National Toxicology Program, and International Agency for Research on Cancer.

• Authorizes private citizens to file lawsuits for violations with courts awarding reasonable attorney fees and costs to prevailing parties, and imposes civil penalties of up to $5,000 per violation per product for first offense and up to $10,000 for subsequent offenses.

• Allows retailers that sell but do not manufacture personal care products to be excluded from manufacturer liability under the act.