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Maryland General Assembly· SB0656Approved by the Governor - Chapter 283 (Chapter 283)

Public Health - Cosmetic Products - Enforcement and Penalties for Prohibited Ingredients (Crown and Care Act - Protecting Communities from Harmful Hair Chemicals), the official text

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WES MOORE, Governor                  Ch. 283

Chapter 283

                                     (Senate Bill 656)

AN ACT concerning

Public Health – Cosmetic Products – Enforcement and Penalties for Prohibited
                                                     Ingredients

(Crown and Care Act – Protecting Communities From Harmful Hair Chemicals)

FOR the purpose of making a violation of certain provisions of law regarding the
         manufacture, sale, delivery, holding, or offering for sale certain cosmetic products an
         unfair, abusive, or deceptive trade practice; providing that a person who violates the
         prohibition on the manufacture, sale, delivery, holding, or offering for sale a cosmetic
         product that contains certain ingredients is liable for certain civil damages resulting
         from actual harm sustained by an individual; authorizing the Maryland Department
         of Health to investigate a complaint alleging that a person included certain
         prohibited ingredients in cosmetic products; establishing the Harmful Hair
         Chemicals Restitution Fund as a special, nonlapsing fund; requiring that interest
         earnings of the Fund remain in the Fund; and generally relating to prohibited
         ingredients in cosmetic products.

BY renumbering
         Article – Health – General
         Section 21–259.3
         to be Section 21–259.4
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Commercial Law
         Section 13–301(14)(xlvii)
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY repealing and reenacting, without amendments,
         Article – Commercial Law
         Section 13–301(14)(xlviii)
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY adding to
         Article – Commercial Law
         Section 13–301(14)(xlix)
         Annotated Code of Maryland
         (2025 Replacement Volume)

                                     –1–
Ch. 283  2026 LAWS OF MARYLAND

BY repealing and reenacting, without amendments,
         Article – Health – General
         Section 21–101(a) and (e)
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Health – General
         Section 21–259.2
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Health – General
         Section 21–259.3
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – State Finance and Procurement
         Section 6–226(a)(2)(i) and (ii)
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – State Finance and Procurement
         Section 6–226(a)(2)(iii)212. and 213.
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

BY adding to
         Article – State Finance and Procurement
         Section 6–226(a)(2)(iii)214.
         Annotated Code of Maryland
         (2021 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 21–259.3 of Article – Health – General of the Annotated Code of Maryland
be renumbered to be Section(s) 21–259.4.

         SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

                                          Article – Commercial Law

13–301.

                                                           –2–
                       WES MOORE, Governor                          Ch. 283

Unfair, abusive, or deceptive trade practices include any:

           (14) Violation of a provision of:

             (xlvii) Title 14, Subtitle 50 of this article; [or]

             (xlviii)  Section 13–411.1(c)(2) of the Transportation Article; or

             (XLIX)    SECTION 21–259.2 OF THE HEALTH – GENERAL

ARTICLE; OR

                       Article – Health – General

21–101.

(a) In this title the following words have the meanings indicated.

         (e) (1) “Cosmetic” means any substance, or any component of a substance, that
is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise
applied to the human body for cleansing, beautifying, promoting attractiveness, or altering
appearance.

           (2) “Cosmetic” does not include soap.

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. § 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);
                                                    –3–
Ch. 283       2026 LAWS OF MARYLAND

         (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); or

         (12) 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

                                   –4–
WES MOORE, Governor  Ch. 283

                           (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 REASONABLE ATTORNEY’S FEES 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

                                                           –5–
Ch. 283  2026 LAWS OF MARYLAND

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.

21–259.3.

        (A) IN THIS SECTION, “FUND” MEANS THE HARMFUL HAIR CHEMICAL
RESTITUTION FUND.

        (B) THERE IS A HARMFUL HAIR CHEMICAL RESTITUTION FUND.

        (C) THE PURPOSE OF THE FUND IS TO SUPPORT THE RESEARCH AND
TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS, OF FIBROIDS, UTERINE
CANCER, HAIR LOSS, AND RELATED CONDITIONS CAUSED BY HARMFUL HAIR
CHEMICALS.

        (D) THE ATTORNEY GENERAL SHALL ADMINISTER THE FUND.

        (E) (1) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

                (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY,
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND.

        (F) THE FUND CONSISTS OF:

                (1) ALL FUNDS, EXCLUDING FUNDS RECEIVED BY THE AGGRIEVED
PARTY AND THE COSTS OF THE ACTION THE ATTORNEY GENERAL IS ENTITLED TO
RECOVER, RECEIVED BY THE DIVISION OF CONSUMER PROTECTION IN THE OFFICE

         –6–
        WES MOORE, Governor                      Ch. 283

OF THE ATTORNEY GENERAL FROM ENFORCING § 21–259.2 OF THIS SUBTITLE
UNDER THE CONSUMER PROTECTION ACT; AND

        (2) INTEREST EARNINGS OF THE FUND.

(G) (1) THE FUND SHALL BE USED FOR:

                         (I) PROVIDING GRANTS FOR THE SUPPORT OF THE RESEARCH
AND TREATMENT, INCLUDING SCREENINGS AND DIAGNOSIS, OF FIBROIDS, UTERINE
CANCER, HAIR LOSS, AND RELATED CONDITIONS CAUSED BY HARMFUL HAIR
CHEMICALS;

                         (II) CARRYING OUT ANY LAWS ENACTED TO BENEFIT VICTIMS
OF A VIOLATION OF § 21–259.2 OF THIS SUBTITLE; AND

                         (III) PROVIDING RESTITUTION TO VICTIMS OF A VIOLATION OF §
21–259.2 OF THIS SUBTITLE.

                (2) TO QUALIFY FOR A GRANT FROM THE FUND, AN APPLICANT FOR A
GRANT UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION SHALL BE REQUIRED TO:

                         (I) FILE A COMPLAINT WITH THE ATTORNEY GENERAL FOR A
VIOLATION OF § 21–259.2 OF THIS SUBTITLE; AND

                         (II) HAVE SUSTAINED HARM AS A RESULT OF A VIOLATION OF §
21–259.2 OF THIS SUBTITLE.

        (H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED.

                (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO
THE FUND.

        (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET.

        (J) MONEY EXPENDED FROM THE FUND FOR THE SUPPORT OF RESEARCH
AND TREATMENT UNDER SUBSECTION (G) OF THIS SECTION IS SUPPLEMENTAL TO

AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD

BE APPROPRIATED FOR THE SUPPORT OF RESEARCH AND TREATMENT.

        Article – State Finance and Procurement

6–226.

        –7–
Ch. 283      2026 LAWS OF MARYLAND

(a) (2) (i) This paragraph does not apply in fiscal years 2024 through 2028.

                           (ii) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.

                           (iii) The provisions of subparagraph (ii) of this paragraph do not
apply to the following funds:

             212. the Department of Social and Economic Mobility Special

Fund; [and]

             213. the Population Health Improvement Fund; AND

             214. THE HARMFUL HAIR CHEMICALS RESTITUTION

FUND.

SECTION 2. AND BE IT FURTHER ENACTED, That:

         (a) (1) The Maryland Department of Health, in conjunction with the Office of
the Attorney General, shall develop a plan for the administration of a special fund to support
the research and treatment, including screenings and diagnosis, of fibroids, uterine cancer,
hair loss, and related conditions caused by harmful hair chemicals that consists of:

                           (i) all funds, excluding funds received by the aggrieved party and the
costs of the action the Attorney General is entitled to recover, received by the Division of
Consumer Protection in the Office of the Attorney General from enforcing § 21–259.2 of the
Health – General Article under the Consumer Protection Act; and

             (ii) interest earnings of the fund.

                  (2) The plan developed under paragraph (1) of this subsection shall include
the best method of using the money in the fund to achieve the purpose of the special fund.

         (b) On or before December 1, 2026, the Maryland Department of Health, in
conjunction with the Office of the Attorney General, shall report the plan developed under
subsection (a) of this section to the Senate Finance Committee and the House Health
Committee, in accordance with § 2–1257 of the State Government Article.

         SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2026.

             –8–
                                            WES MOORE, Governor  Ch. 283
Approved by the Governor, April 28, 2026.

–9–
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