Fragrance Creators Breaks Down New CARB Consumer Product Amendments

With a diverse group of member companies spanning the fragrance value chain, Fragrance Creators Association^a(Fragrance Creators) focuses on advancing responsible industry stewardship. One way we do this is by engaging with regulators and other stakeholders to find science-based solutions that are good for people, perfume, and the planet. When it comes to air quality, our recent activity has centered around collaborating with regulators in California. Air quality—and the impact of volatile organic compounds (VOCs) emissions from consumer products— is regulated by the California Air Resources Board (CARB).

Reducing VOC emissions from consumer products is an integral part of CARB’s effort to reduce smog in the state. After two years of engagement with the consumer products industry, on March 25, 2021, CARB adopted regulatory amendments^b for seven consumer product categories, which will take effect in 2023, 2027, and 2031 (depending on the category). CARB also approved the sunsetting of the Two Percent Fragrance Exemption—with some exceptions—in 2031.

Fragrance Creators worked closely with CARB—with both parties listening, learning, and finding common ground—and successfully narrowed the scope of this regulation and its impact, extended compliance deadlines, and corrected previous assumptions about fragrance that were not grounded in the latest science. However, what is being described as a “once in a generation” rulemaking^c will still require significant review of existing product formulations, as well as wide-scale reformulation. Given the scope of this shift, a number of misconceptions abound regarding what this rulemaking means for sales and innovation and how companies can best prepare. The following are five key takeaways you may not know about the new guidance:

1. CARB has broad statutory authority to reduce VOCs: In response to concerns about air quality, California mandated^d that CARB implements regulations to achieve the maximum feasible reduction in VOC emissions from consumer products. This means CARB is required by law to reduce VOC emissions and is only limited by commercial and technical feasibility. Unlike traditional negotiations, CARB has existing, broad statutory authority to regulate VOCs in consumer products.

Footnotes

^awww.fragranc­ecreators.org/

^bwww.perfumer­flavorist.com/networking/news/company/CARB-Approves-Consumer-Product-Amendments-574074981.html

^cww2.arb.ca.gov/our-work/programs/consumer-products-program/consumer-products-informal-regulatory-activity-public

^dleginfo.legislature.ca.gov/faces/codes_displayS­ection.xhtml?la­wCode=HSC§ionNum=41712

For the full article, please check out the Perfumer & Flavorist+ August 2021 issue.