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AB 728

Skin care product sales: age verification.

2025-2026 Regular Session Introduced by Dawn Addis and 1 co-sponsor

AB 728 requires retailers to verify age before selling OTC anti-aging skin care with retinoids or alpha hydroxy acids to anyone under 18, limiting youth access.

In committee: Held under submission.
#skincareproductsales #ageverification
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Bill Summary · AB 728

AB 728 — Skin care product sales: age verification (Lee)

Status: Introduced Feb 18, 2025. In committee — held under submission (last action 2025-05-23).
Location in law if enacted: Adds Chapter 14.5 (Sections 108990–108991) to Part 3 of Division 104 of the Health and Safety Code.

Purpose / intent

The bill seeks to limit minors’ access to over‑the‑counter “anti‑aging” skin care or cosmetic products that contain certain active ingredients (vitamin A derivatives and alpha hydroxy acids). The Legislature’s findings cite growing use of these products by children, documented skin harms (irritation, burns, increased sun sensitivity), and data showing high youth-driven sales as justification for requiring age verification at the point of sale.

Key provisions

  • Prohibited sale without verification:
    • It is unlawful for any person, firm, or corporation to sell to a purchaser who is actually under 18 an over‑the‑counter anti‑aging skin care or anti‑aging cosmetic product that lists any of the following as an ingredient, unless the seller first verifies the purchaser’s age and identity:
    • Vitamin A and derivatives (including retinoids and retinol).
    • An alpha hydroxy acid (examples listed in the bill include glycolic acid, ascorbic acid (vitamin C), and citric acid).
  • Definition of “verifying age and identity” (non‑exclusive examples):
    • Accepting government‑issued ID documents described in Penal Code section 594.1 (e.g., driver’s license, Selective Service certificate, military ID).
    • Using an age verification system (e.g., date‑of‑birth entry or checkbox system).
    • Verbally asking the buyer’s age.

Who is affected

  • Retailers and sellers (brick‑and‑mortar and online) that offer qualifying over‑the‑counter anti‑aging products will need to implement age‑verification procedures.
  • Consumers under 18 would be barred from purchasing qualifying products unless age is verified.
  • Manufacturers and labeling may be indirectly affected as enforcement depends on ingredient declarations.

Enforcement, penalties, and uncertainties

  • The bill makes the sale unlawful but does not specify a penalty or enforcement mechanism in the text. (Existing analogous restrictions on spray paint/etching cream are misdemeanors under current law.)
  • Practical issues include identifying which products qualify (labeling and ingredient variability), how rigorous age verification must be (the bill lists both robust document checks and minimal measures such as a verbal age question or checkbox), and how online sellers should comply.

Legislative progress / timeline (selected)

  • 02/18/2025: Introduced; read first time.
  • 04/07/2025: Amended and re‑referred to Environmental Safety & Toxic Materials.
  • 04/30/2025: Do pass from E.S. & T.M., re‑referred to Appropriations (Ayes 4, Noes 2).
  • 05/14/2025: Referred to suspense file, first hearing set.
  • 05/23/2025: In committee — held under submission.

Overall, AB 728 would require sellers to verify age before selling certain over‑the‑counter anti‑aging products to persons under 18, with the aim of reducing youth exposure to potentially harmful cosmetic ingredients.

Compiled from official sources — confirm details with the bill’s official record.

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