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Assembly committee advances Lee bill to require age verification for certain anti‑aging skin products after heated testimony
Summary
After testimony from an 11‑year‑old who described skin injuries and clinicians who argued the products provide legitimate access to acne treatment, the committee voted to move AB 728 to appropriations while asking for tightened definitions and implementation language.
Assemblymember Lee’s AB 728, a bill that would require retailers to verify age before selling certain anti‑aging skin products to minors, moved out of the Assembly Environmental Safety and Toxic Materials Committee after extended testimony from public health advocates, a child witness who described personal injury, dermatologists, retailers and industry groups.
Lee told the committee he collected adult‑market anti‑aging products marketed with terms such as “baby face” and “radiant” that are currently available for purchase by children without parental oversight. Eleven‑year‑old witness Scarlett told the committee she bought anti‑aging face masks and other products during the pandemic, later developed painful burns and persistent sensitivity on her cheeks, and said packaging and influencer marketing encouraged her purchases. Assemblymember Lee said the bill is narrowly focused on “anti‑aging” products and does not cover acne medications or prescriptions.
Supporters included Ed Howard of the Children’s Advocacy Institute, who said asking a retailer the buyer’s age is a minimal compliance step already used for other restricted items and would restore parents’ ability to supervise purchases. Opponents included Dr. Jason Castillo and the California Society of Dermatologists and Dermatologic Surgeons (CalDerm), which told the committee that many over‑the‑counter retinoids and alpha hydroxy acids are medically useful for acne and other conditions and that those products are generally safe and reversible when used as directed. Retail trade groups warned the committee the bill would be difficult to implement because ingredient overlap between acne and anti‑aging products can make product lists unstable and compliance costly for stores.
Committee members pressed both sides on implementation details: how retail staff would identify covered products, whether the bill would inadvertently restrict over‑the‑counter acne treatments, and what a workable compliance approach would be for large and small retailers. Lee and proponents offered to narrow language and work with retailers to create lists and training; opposition groups asked for more clarity on a sell‑through date and exceptions for medically necessary products.
The committee recorded a motion to move AB 728 to the Assembly Appropriations Committee and asked the author to continue negotiations on the bill’s definition of “anti‑aging” product, scope exclusions for acne medication and prescriptions, and practical compliance mechanisms such as point‑of‑sale age verification. The roll call was left open for absent members; the chair recommended an “aye” vote. No fiscal analysis was adopted at committee; the measure will face fiscal review in Appropriations.
Ending: The author and opposing groups agreed to continued negotiations; staff and members asked for clearer product definitions and compliance options before the appropriations hearing.
