Katia Asche Featured on California’s Proposed Retinol/AHA Ban for Minors

Katia said that “children would benefit far more from an awareness campaign spearheaded by pediatricians and aimed at parents.”

“The issue with this law, at least initially, is in its implementation,” she said. “It sounds simple enough to ban the sale of retinol or alpha hydroxy to children, but these ingredients are not sold in isolation.”

Katia raised concerns about the practicality of enforcement, asking, “must retailers equip their employees with the ability to scan ingredient lists for these substances, memorize which products contain them, maintain lists, keep abreast of new products, etc.?… And what is the margin for error? How soon after a new product hits the shelves must an employee prevent its sale to a minor before a penalty applies?”

She added, “The law as drafted does not answer these important questions, leaving a wide chasm for the courts and stakeholders to fill.”

Katia anticipates further legislation discussing how manufacturers might need to “include conspicuous labels addressing the presence of these substances in their products.”

She noted that the bill does not address potential liability. “We may also see an uptick in product liability claims against the manufacturers and sellers of these products.”

Katia suggested that education may be more effective than enforcement.

“In the end, lawyers are probably the primary beneficiaries of the law,” she said. “In our view, children would benefit far more from an awareness campaign spearheaded by pediatricians and aimed at parents…. how does a 13 year old purchase enough $30 eye cream to cause damage if not with the help of their unwitting parents?”

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