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Committee advances Safer Soap Act amid split testimony over science and federal preemption
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Summary
The Environmental Safety and Toxic Materials Committee voted to advance AB 916, the Safer Soap Act by Assemblymember Lee, which would ban over‑the‑counter hand soaps and body washes containing three named antimicrobial ingredients.
The Environmental Safety and Toxic Materials Committee voted to advance AB 916, the "Safer Soap Act," authored by Assemblymember Lee. The bill would prohibit the sale of over‑the‑counter (consumer) hand soaps and body washes that contain the three named antimicrobial ingredients benzalkonium chloride (BAC), benzethonium chloride (BZT) and chloroxylenol (PCMX). The committee approved the measure and referred it to the Committee on Health.
Proponents, including Rebecca Fuoco of the Green Science Policy Institute and Nora Angeles of Children Now, said federal agencies have not demonstrated added consumer health benefits from these antimicrobials in home settings and identified possible health and environmental concerns. Fuoco cited peer‑reviewed research, saying quaternary ammonium compounds and related ingredients are persistent and have been associated in some studies with reproductive, respiratory and other harms. "The science shows that regular soap and water, when used properly, remove 99.9% of pathogens without any unnecessary health risks," Fuoco said in support of the bill.
Opponents included James Kim of the American Cleaning Institute and Dan Shaw of the Personal Care Products Council, who told the committee the industry is conducting multi‑year studies requested by the FDA and that the ingredients are registered with federal agencies and used in health care and other settings. Several trade associations — including the Household and Commercial Products Association, American Chemistry Council and California Retailers Association — registered opposition in the hearing room and argued the bill could conflict with federal law or disrupt an ongoing evaluation by the Department of Toxic Substances Control (DTSC).
Members focused questions on three areas: federal preemption under the Food, Drug, and Cosmetic Act and FDA monographs; the distinction between consumer and health‑care uses (the bill exempts health‑care settings); and impacts on food‑handler and agricultural settings. Proponents and some members cited CDC and FDA statements that antibacterial soaps provide no added benefit over plain soap for consumer handwashing in home settings; opponents emphasized efficacy data used for healthcare and industry uses and warned of potential regulatory conflicts.
Committee discussion highlighted regulatory complexity. Opponents argued FDA's process for consumer over‑the‑counter antiseptics is ongoing and that a federal monograph process is intended to provide national uniformity. Proponents and other members noted DTSC is evaluating quaternary ammonium compounds and that committee action is intended as a precautionary measure for consumer products.
Motion and vote: The committee recorded a motion to pass AB 916 to the Committee on Health, moved and seconded on the floor. The roll call recorded aye votes from Assemblymembers Connolly, Bauer Kehan, Lee, McKenna and Papin (Pappen); Assemblymembers Hadwick and Castillo recorded "no" votes. The motion passed and the bill was referred to the Committee on Health.
Why it matters: The bill addresses consumer exposure to specific antimicrobials in widely used products and touches on federal‑state regulatory interactions, public health guidance and industry manufacturing practices. The committee hearing drew a mix of public‑health advocates and major industry trade groups with opposing conclusions about the existing science and regulatory status.
Next steps: AB 916 was referred to the Committee on Health for further consideration. Committee members requested continuing stakeholder engagement and additional scientific information from proponents and opponents.
