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The California Department of Public Health (CDPH) regulates several aspects of public safety for food, beverages and cosmetics. Notably, CDPH collects information on ingredients in cosmetics and makes it available publicly in its California Safe Cosmetics Program Database.22 Reporting to the CDPH under the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020 commenced on 1 January 2022.23 CDPH will enforce bans on certain ingredients in cosmetics commencing 1 January 2025 under the Toxic-Free Cosmetics Act.24

Both the CDPH and the California Department of Food and Agriculture, along with local county and city health departments, regulate the food industry, with special programmes for food safety, milk and dairy, meat, produce and, increasingly, cannabis-containing foods.

The California Department of Toxic Substances Control enforces the Toxics in Packaging Prevention Act and regulates green chemistry under its safer consumer products programme and may select any product chemical for regulation.25

The California Department of Resources Recycling and Recovery (CalRecycle) regulates beverage containers and has long administered the California Beverage Container Recycling and Litter Reduction Act, requiring certain beverages to be subject to a US$0.05 or US$0.10 California Redemption Value,26 and the Rigid Plastic Packaging Container Law governing content and recyclability.27 More recently, CalRecycle has regulated the content of the containers, which must have a post-consumer plastic recycled content of 15 per cent as of 1 January 2022, increasing to 25 per cent in 2025 and 50 per cent in 2030.28

Violations of the regulations of all state agencies are subject to investigation and enforcement by the agency itself, by the Attorney General, by local district attorneys and by private citizen enforcers.

The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labelling and advertising of food, including dietary supplements, cosmetics, drugs and medical devices in California.29 As it relates to additives, a food that contains a food additive30 or colour additive31 is considered unsafe and adulterated unless use of the additive is otherwise authorised by state law.32 The Attorney General, a district attorney or a city attorney may bring a civil or criminal action to remedy a violation of the law.33

The Safe Drinking Water and Toxic Enforcement Act (commonly known as Proposition 65) requires companies doing business in California to provide a clear and reasonable warning before causing an exposure to a chemical known to cause cancer, birth defects or other reproductive harm.34 There are approximately 900 chemicals on the list,35 and ingestion is a form of exposure.36 The regulations implementing Proposition 65 contain safe harbour warnings that are deemed to be clear and reasonable warnings if they are displayed prominently and conspicuously.37 There are different safe harbour warnings for exposure to chemicals from food and cosmetics and safe harbour warnings also vary depending on whether the exposure being warned of is to a carcinogen, a reproductive toxicant or both.38 The law may be enforced by public enforcers or private citizens acting in the public interest after giving notice and meeting certain other conditions.39 Private plaintiff attempts to bypass Proposition 65's notice requirement by pleading claims under the state consumer protection laws have been rejected where 'the claims asserted . . . are entirely derivative of an unspoken Proposition 65 violation'.40

Failure to comply with Proposition 65 may result in civil penalties of up to US$2,500 per day per violation and injunctive relief.41 Private enforcers may keep 25 per cent of the civil penalties they recover and seek attorneys' fees under California law.42

The California Product Recall and Safety Act prohibits commercial dealers, manufacturers, importers, distributors, wholesalers and retailers from in any way placing a product into the stream of commerce if the person or entity knows that the product is unsafe.43 A product is deemed unsafe if it has been recalled for failure to comply with state or federal laws and regulations or recalled for a safety hazard reason voluntarily or in cooperation with the Consumer Product Safety Commission.44 The Act requires the entity that has placed the unsafe product into the stream of commerce to contact customers and prominently post relevant information on the company's website homepage within 24 hours after issuing or receiving the recall notice or warning.45 Manufacturers must provide for safe no-cost returns by end consumers or retailers and ensure proper disposal of the recalled product.46

The Sherman Food, Drug, and Cosmetic Law requires suppliers to provide the California State Department of Public Health with a list of customers that may or will receive meat- or poultry-related products that meet the criteria for Class I or Class II recalls according to the United States Department of Agriculture.47 Class I recalls involve a health hazard with a reasonable probability of causing death or health problems if the product is consumed.48 Class II recalls involve a potential health hazard with a remote probability of adverse health consequences from eating the food.49

In addition to notifying the state, suppliers must contact consumers according to the procedure outlined in the Sherman Food, Drug, and Cosmetic Law.50 The State Department of Public Health will then notify local public health officials of the recall and those officials will then determine how to notify the public.51 The Sherman Food, Drug, and Cosmetic Law also provides a public relations shield for restaurants: if local health officials determine that the contaminated products were never offered to the public, and the recalled products have been removed from the restaurant's supply, then the restaurant's name may be excluded from the public health notice.52

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